TERMS AND CONDITIONS
Welcome to Jet Setters Event Management LLC. These terms and conditions outline the rules and regulations for the use of of the Jet Setters Group Application on iOS and Android.
Jet Setters Event Management LLC, is a company registered in DUBAI.
Please read the Terms and Conditions carefully before you start to use the Application. The Application is licensed, not sold, to you.
By accessing and using of the Jet Setters Group Application you agree to be bound by its terms, conditions, disclaimers and limitations of liability -“Terms and Conditions”-. These Terms and Conditions apply to all Membership Level.
If you do not want to agree to these Terms and Conditions, you must not access or use the Application.
If you have any questions regarding these Terms & Conditions, you may contact us at email@example.com.
We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions.
These Terms & Conditions were last updated on 31 August 2021
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
· “Company”, “Jet Setters”, “We”, “us”, “our” means Jet Setters Event Management LLC.
· “Supplier”, “Partner”, “Service Provider” means product suppliers and/or service providers.
· “Application”, “App” means JET SETTERS GROUP Mobile Application.
· “Member”, “You”, “User” means a person registered as a Member on the App.
· "Membership" means any Membership Level set on the App.
· “Payment” has the meaning given in the Clause 2.2(f) hereinafter.
· “Services” mean the concierge and lifestyle services provided by Jet Setters to its Members as part of their Membership.
· “Request” means any requested service inquired by the Member through the App.
· “Goods” mean any goods/items purchased by or supplied by Jet Setters on behalf of the Member.
1.2 In these Conditions, the following rules apply:
(a) a reference to a party includes its personal representatives, successors or permitted assigns;
(b) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
(c) a reference to writing includes e-mails.
2.1 Membership Levels
a) CHROME: Covering the United Arab Emirates, access to Standard Concierge Services and Events. All the requests will be processed within 4 hours to the best of our ability from Sunday to Thursday 9:30 AM to 6:30 PM (GMT +4).
b) GOLD: Covering the United Arab Emirates, access to Classic Concierge, Standard Lifestyle Services and Events, All the requests will be processed within 3 hours to the best of our ability from Sunday to Thursday 9:30 AM to 6:30 PM (GMT +4).
c) PLATINUM: Worldwide, access to Premium Concierge, Premium Lifestyle Services and Events. All the requests will be processed within 2 hours to the best of our ability from Monday to Saturday 9:30 AM to 10:30 PM (GMT +4).
d) ELITE: You can’t join or apply for this membership it’s Invitation only, as well as you have to be Platinum Member over for a year.
2.2 Membership Rules (a) To join any Membership, the user must be at least 21 years of age and possess the legal authority to enter into this agreement.
(b) As a Member, you are obliged to provide correct personal details when you apply for Membership. The Member will be solely responsible for any incorrect information they provide and any problems or costs that result from the incorrect information. Your responsibility to provide accurate information is a continuing obligation and you must notify Jet Setters promptly in the event that any information provided by you in connection with your Membership changes.
(c) Your Membership is personal to you. You are responsible for ensuring that no one uses your Membership.
(d) Access to and use of your personalized Membership on the App is through a combination of email address and password. You are solely responsible for maintaining the confidentiality of your email address and password and you agree to notify Jet Setters immediately if you believe that there has been any breach of security, including the unauthorized use of your name and password.
(e) Current Membership fees are shown on the App by clicking the upgrade to a Membership button. At present, the adhesion charges are fixed as follow:
· CHROME: AED125/month or AED1,000/year.
· GOLD: AED 8,000/ year.
· PLATINUM: AED 20,000/year.
· ELITE: AED 50,000/year
(f) Payments are completed through the App powered by Stripe secured platform. Once the payment made, you will receive your invoice from Stripe.
The Clause 2.2(f) is applied to each required payment.
(g) Membership Fees are due upon joining and at the renewal date. Whether your Membership is monthly or annual, Stripe will notify you regarding the payment seven days before the renewal of your subscription.
(h) All memberships are automatically renewed unless terminated by the Member or by Jet Setters (See the Clause 2.4 below).
(i) In the case of changes to the Services and Memberships fees, Jet Setters undertakes the responsibility to inform the Member of the changes one month prior to taking effect. The Change will become effective on the next renewal date.
(j) Membership Fees are non-refundable. Your Joining Fee covers our costs in setting up your Membership and is non-refundable in all circumstances.
2.3 Your Obligations as a Member:
Members are responsible for:
(a) In the case of missing or wrong data provided by you at the time of registration, we will send you an email in order to correct it within 48 hours. In case of non-compliance, your subscription will be locked and you are not entitled to any refund.
(b) Paying all charges, services fees, duties, taxes and assessments that arise out of his/her use of the services provided on the App. All payments should be done through the App powered by Stripe secured platform. See Clause 2.2(f)above.
(c) It is your responsibility to carefully check the invoice and any other documents we send you and notify us immediately if any details are incorrect or there are any discrepancies. Where an error has been made by us, we will endeavour to resolve the error. (d) Complying with these Terms and Conditions, and any other requirements set out in our Suppliers Terms and Conditions.
(e) Where a request requires a deposit or full payment to secure a booking, you will receive an email and a notification and you will have to pay the specified amount via the App within the requested time. See Clause 2.2(f)above
(f) Unless otherwise authorized by our suppliers and/or partners, any confirmed request shall not be entitled to any cancellations.
(g) Member should notify us of any complaint or claim they have in relation to a Supplier or any uses of the Concierge and Lifestyle Services within four days. If the Member does not notify us of the claim within this period, all parties will be released from further liability. However, you hereby agree to release Jet Setters (and our officers, directors, shareholders, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such complaint or claim and your dealings with the Supplier and/or Partner.
2.4 Termination of Membership (a) Jet Setters reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in its sole discretion, your access to all the App, if you breach any provision of the Terms and Conditions, or any applicable law, or if your conduct impacts Jet Setters’ name or reputation, or violates the rights of those of another party.
(b) If you do not wish to renew Membership, you must notify the Membership team via email to firstname.lastname@example.org and provide one calendar months’ notice.
(c) In this case -2.4(b)-, there is no refund for Membership fees and any already confirmed request.
(d) If you have terminated your Membership and wish to re-activate it, you should email-us. Once re-activated, your Membership will be deemed as a new Membership.
(e) There is no specified limit on the usage of our Concierge and Lifestyle Service. However, if we feel that your activities are so excessive, we may give you a written notice (by email or otherwise) or limit the number of requests you can submit in a given time period. In extreme circumstances, if the levels of activity do not promptly decrease after the warning, we may terminate or suspend your account.
3. JET SETTERS OBLIGATIONS
3.1 Scope of Our Liability:
(a) We shall entitle you to services part of your Membership Level. These are constantly being negotiated and new benefits added. In addition, we shall strive to provide any lawful, proper, and moral service requested by Members. This means that based on your needs, preferences, tastes and budget, we will do with utmost care to create and deliver the perfect Concierge and Lifestyle Services for you.
(b) We are available during the times set out in your Membership, as described in the above Clause 2.1, and shown on the App.
(c) We use all reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any services. Should we be unable to deal with any request; we will inform you as soon as reasonably possible.
3.2 Limits of Our Liability:
(a) Once a request has been confirmed, we are not responsible for the performance of any contract Members have with the Supplier.
(b) Unless otherwise stated in writing by us, when you make a request for goods or services from a Supplier featured in your App’s Membership (for example a hotel booking, jet charter, dinner or SPA reservations... ), you will enter into a contract directly with that Supplier and you will be bound by the Supplier’s Terms and Conditions (including but not limited to their cancellation and/or refund terms).
(c) We may need to vary or substitute your request that are substantially similar if necessary due to circumstances beyond our control. We will notify you if a variation is required.
(d) In the case of our performance to deliver a Service is prevented or delayed by any act or omission by the Member, or failure by the Member to perform any relevant obligation, we shall not be liable for any costs or losses sustained or incurred by the Member; and the Member shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Member default.
(e) We shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership.
(f) Jet Setters’ total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member's annual –or monthly when the case is applied - Membership fee.
(g) Jet Setters hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier.
4. REGULATIONS OF THE SERVICES
Clauses of this Article concern Concierge, Lifestyle and Events Services offered through the App related to all Membership Levels. Depending on your access to these services, you have to be acquainted with these Clauses.
4.1 Restaurants, Lounges and Bars
(a) Jet Setters offers exclusive and non-exclusive bookings of restaurant, lounges and bars in UAE and Worldwide. We also propose special benefits to Members, such us to attend live events, brunches, limited access parties…; scheduled in these places.
(b) You accept that the special benefits and offers from Suppliers are subject to availability and may change without notice.
(c) We reserve the right to deny restaurant, lounges and/or bars reservation requests from you and/or charge cancellation fees on behalf of Suppliers if you repeatedly fail to show up for bookings or violate any Supplier’ s terms and conditions including their cancellation terms. The cancellation fees should be paid in the deadline.
4.2 Hotel Accommodation
(a) All hotel booking requested by a Member will be done under his own identity.
(b) You may only use booking requests on the App only for less than nine people. Beyond this number, you must email us at email@example.com
(c) Any promotions for free, discounted nights or special offers based on a minimum night stay depends on availability.
(d) We act only as an intermediary in making arrangements for hotels bookings or nay other services. As such we are not liable for personal injury, illness, property damage or other loss of expense of any nature whatsoever arising directly or indirectly out of any actions of hotels, transfers company or other company or person providing or rendering services reserved through us.
(e) From time to time, a hotel will be unable to accept a booking request (a “book-out”). We will always do our best to avoid book-outs, but where it happens we will seek to provide you with a suitable alternative.
(f) Special requests to hotels such as sea/garden view, adjoining or interconnecting rooms, will be passed on but cannot be guaranteed.
(g) All quoted rates are per room and include breakfast (unless otherwise specified), service charges and government taxes. The applicable currency is displayed. Where different prices are charged for different days of the week, the days on which rates apply are shown against each rate period.
(h)Where practical, complaints should be reported to the hotel or service supplier on the spot. Jet Setters will not be liable to you for a problem which could have been rectified during the Member’ stay had the hotel or service supplier been made aware of it.
(i) Most hotels require a major credit card to be provided upon check-in to cover incidentals. All extras incurred by the Member and his/her guests must be paid directly to the hotel before their departure. We are not responsible for Member’s personal hotel charges.
(j) You may be given cancellation deadlines and we are unable to remind you of these. The responsibility for cancelling by the specified date will be yours. If you do not cancel in time you will be liable for full charges in accordance with the Hotel’s terms and conditions.
4.3 Tickets Supply, Event Benefits and Access Rules
This Clause refers to Jet Setters' ticket services provided in the United Arab Emirates and Worldwide through its network of Ticket Agents. Such service includes, but not limited to, access to exclusive events and shows, VIP hospitality packages for sporting and lifestyle events, exclusive VIP tables and bottle service at the most renowned Night-Clubs, and VIP parties and discount bar in the most famous Beach-Clubs.
(a) Jet Setters works with Ticket Agent and Event Suppliers to source your requested ticket(s).
(b) All Ticket Agent and Suppliers have their own terms and conditions. You should comply with them. We shall not be able to provide you with any refund or obtain any such refund on your behalf.
(c) We may be able to obtain "best ticket(s)" for you in relation to sold out events through one of ours ticket agent partners. Please note that by requesting Jet Setters to obtain such ticket(s) on your behalf, you are agreeing to buy ticket(s) above face value and the total cost may include a service charge to Jet Setters in respect of our provision of services to obtain the ticket(s) for you.
(d) In addition to the ticket(s) price, your order may require payment of a booking fee per ticket, a transaction fees per order and/or other supplementary fees which may apply to the event.
(e) When we purchase ticket(s) with the Supplier on your behalf, you will be liable to pay the full price for the tickets via Jet Setters Group App. Once the purchase is confirmed, no refunds or exchanges will be available.
(f) Ticket(s) you purchase are for personal use. Except as we may agree, you must not re-sell or transfer (or seek to re-sell or transfer) the ticket(s) in breach of the applicable terms. A breach of this condition will entitle Jet Setters or the Tickets Agent to cancel the ticket(s) without prior notification, refund, compensation or liability.
(g) You may only use ticket(s) requests on the App only for less than five tickets. Beyond this number, you must email us at firstname.lastname@example.org
In the case where Jet Setters or Ticket Agent or Supplier will dispatch your ticket(s) through delivery agents at standard rates, we shall not be liable for any failure by delivery agents to deliver your ticket(s).
(h) You should ensure that the ticket(s) you receive and notify us immediately if any details are incorrect or there are any discrepancies. When an error has been made by us, we will endeavor to resolve the error. In all other cases, we will endeavor to assist you with correcting the error without incurring any financial liability.
(i) We will endeavor to advise you if any ticket(s) have restricted view prior to your purchase. Ticket(s) will be considered restricted view only if specified by the Supplier, box office, venue and/or on the physical ticket(s).
(j) In the unusual case that a supplier (box office or secondary market ticket supplier) goes insolvent, bankrupt or does not deliver the ticket(s), we cannot accept liability for the loss of tickets. The relevant terms and conditions between the Member and the supplier will apply. We shall offer assistance and act on behalf of the Member to endeavor to remedy the situation. Our assistance can include: advising the Member of the chargeback process - note that there is a time limit within which this chargeback process is applicable-; and / or if the Member chooses to purchase new ticket(s), sourcing alternative ticket(s) to match the original order as closely as possible in terms of location, price and date.
(k) Members are expected to behave in a manner that does not damage the reputation of Jet Setters whenever attending any events, venues or reservations made on their behalf by us. This includes arriving at the venue within the allotted timeframe and not engaging in any antisocial or illegal behavior. Any Member acting in this manner may be charged late costs, damages and have their Membership rescinded.
(l) Decisions to change or cancel events are the responsibility of the Event Supplier. Jet Setters cannot guarantee to inform you of any change or cancellation of any event or be held responsible for refunds or for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.
(m) If an Event Supplier cancels an event or makes significant changes to the venue, date, show time or (concerts only) headline act and confirms this to us, we will try to inform you. This will usually be contacted by email.
(n) If an event is rescheduled, changed or moved, the Event Supplier will usually give you the option of either retaining or exchanging your tickets for the new date, or alternatively claiming a refund. If an event is cancelled by the Event Supplier or venue you will normally be offered a refund. Please note that the transaction fees are not refundable in these circumstances.
(o) Events benefits are subject to availability and may be withdrawn at any time and without prior notice.
4.4 Travel and Booking Arrangements
As part of the services offered to our Members, we will strive to give you the best deal for air travel, hotel accommodations, limo services... We also attempt to offer the widest range of choice in first and business class flights.
(a) In organizing your travel, we will use various suppliers, each with their own terms and conditions related to the supply of their particular service. As a result, you will be responsible to fully inform yourself of their terms and conditions since they will also apply to you.
(b) Once we make a purchase or place an order for flights, hotels, or any other travel related services, we will not be held responsible for any refunds or disputes. It will be your responsibility to inquire upon any cancellation rules prior to booking and raise any concerns you have directly with the travel supplier. However, we will endeavor to assist you in the resolution of any such issue.
(c) In addition to the travel service fee, your order may require payment of our service fees and shall include all taxes. Payment of our fees is required at the time the services are provided. Payment are due as usual through our platform -Clause 2.2(f)above-.
(d) Payment to suppliers will be based on their deadlines and conditions which will be confirmed to you at the time of booking confirmation.
(e) It is highly recommended that you have a comprehensive travel insurance for the full duration of your trip. We can assist you in obtaining travel insurance.
(f) You are required to be familiar with the appropriate travel documents required for your trip including passport, visa and health requirements. You are responsible for all entry, exit, health laws, regulations, orders, demands or requirements of countries visited or transited. your passport and visa requirements are your responsibility.
(g) Regulations require us to have copies of valid passports at the time of booking all international travel. Please be aware that passengers are not generally permitted to enter another country without 6 months’ passport validity.
(h) It is your responsibility to check all documentation We provide you in a timely manner and notify us of any errors to allow us sufficient time to make any necessary corrections.
(i) For your Business Trip, Jet Setters ensures high quality services including, but not limited, best flight route, chauffeured cars and booking the closest and high-end hotel.
4.5 Private Flight Services
This Clause refers to Jet Setters' private jet or helicopter booking services provided Worldwide.
(a) For Private Jet Charter and/or Helicopter Services, all flight services are arranged on-demand according to Member-directed itineraries and/or flight requirements. Member understands and agrees that Jet Setters Group is a private concierge and does not own or operate any aircraft. Within this context, the Supplier’s -Private Air Carrier- Terms and Conditions will apply to that contract in addition to the Terms and Conditions of Jet Setters.
(b) For the Helicopter Services, Jet Setters provides to Members two excursions types:
(b1) Panoramic flight: private helicopter tour with defined itinerary and time duration suggested, or on-demand.
(b2) Experience packages: a la carte experiences by private helicopter combining accommodation, food and beverage and/or any entertaining activity.
(c) The itinerary for private flight services provided by us in response to a request by the Member may be subject to the approval of the aircraft owner. In the event that the aircraft owner does not approve the flight itinerary, we will attempt to either adjust the terms of the flight services so the aircraft owner is able to approve the flight itinerary or we will attempt to find a substitute aircraft. A surcharge may be applicable for the booking of a substitute aircraft for the flight Itinerary. Any such surcharge shall be subject to Member’s prior approval. If a substitute aircraft is not located within 12 hours, or a flight Itinerary being declined, or if the Member does not approve any applicable surcharge, both Parties -Jet Setters and the Supplier - will be released from their obligations.
(d) Once we confirm the pre-reservation of your private flight or your helicopter excursion with the Supplier, we will send you the invoice and you should pay a secured deposit of 40% of the total charter fee. The rest must be paid before five days of the actual flying date. In case of less period, the whole fee should be paid in one sum.
(e) The Member confirms to be provided with valid and authentic identity documents and any other supporting documents required such as any exit and entrance permits (visas) for him/her and his/her passenger guests. Should an authority refuse the exit or entry, he/she shall be responsible for paying the costs and any fines.
(f) In the event the Member requests any significant changes (for example, flight time change, etc.) and the Private Air Carrier accommodates such requests, The Member agrees to pay on-demand any additional costs associated with such changes.
4.6 Yacht Charter
Whether you are looking for yacht charter, for a luxury cruise or for hosting an impressive party on board, we have a large panel of yachts charter to offer to you.
(a) Jet Setters acts as a broker between you and the Vessel Company or the Owner. This means that your contract is always entered into directly with Vessel Company or the Owner. All specifications and other information given by us are provided in good faith and with the authority of the Vessel Company/Owner or their duly authorized representative.
(b) Once you decide on a yacht charter and select the kind of catering using the App, we will ask you to make the requested payment (normally 50% of the total charter fee). The balance of the price is normally payable six weeks before embarkation, and you should guarantee payment on behalf of all your guests. If the total payment is not received by then, we shall be entitled to cancel the charter. Should you book less than six weeks before departure then the full price of the charter is payable upon booking.
(c) You must send a correctly filled guests list upon booking & may not be exceeded on the day. You are responsible for the accuracy of delivered guests list information, as well as for validity of all passports, visas and other identification documents (if required). Also, you are responsible for the other guests on board.
(d) Final details for catering required four days before. In the event that you want to cancel or amend the catering, the full amount will be applied.
(e) You are not permitted to bring your own catering on board.
(f) The yacht should be exclusively used for personal purposes, such as cruising and similar and therefore must not be used for any other commercial or similar purposes.
4.7 Car Hire
(a) Jet Setters uses its extensive network to bring you great deals. However, your hire of any car is subject to the terms & conditions of the Supplier - Rental Cars Company - and to the corresponding laws of the country and/or state in which the rental takes place. Individual restrictions may also apply to your car hire.
(b) Once we confirm the pre-reservation of your rent car or your chauffeured car with the Supplier, you should make the whole payment via the App.
(c) The Security deposit depends on Supplier’s Terms and should be treated directly with them.
(d) In case of exotic rental car, when you pick up your car, you should have the voucher (on your App), your credit card, valid driving license, ID or passport.
(e) Your booking can not be canceled, once the rent payment is processed.
(f) We can’t issue any refunds once the car is confirmed.
(g) Jet Setters shall promptly inform the Member when it is not possible to rent the specified car. In such a case, when it is not possible to find another car of the same model or vehicle class, or when the Member does not agree to rent a substitute car, the reservation shall be cancelled, and Jet Setters shall, if any, reimburse the Member the reservation fee.
4.8 Events Management and Production
With our extensive international network that includes limited access locations, exceptional talents and exclusive suppliers, we offer to organize the events for our Members in a thoughtful and extraordinary way. We are specialized in planning and managing lavish events that are entirely tailored to each Member’s demand.
(a) Within this Clause “Event Services” means the creative event related services, and/or venue finding services, and/or hospitality related services.
(b) Once the event pre-project is validated by the Member, we will propose to the Member a detailed blueprint for his/her event, as well as a detailed invoice. The member has up to five consecutive days to claim changes in blueprint or clarifications regarding the invoice. After this deadline, the member's agreement is linked to an advance payment of 50% of the total fee. The balance of the total fee shall be payable two weeks prior to the event date. Otherwise, Jet Setters will be compelled to cancel the event project, noting that Jet Setters retains all copyright rights on its correspondence with the Member.
(c) Any additional expenses or fees resulting from any changes made by the Member, that have not been quoted in the blueprint but subsequently incurred by Jet Setters, will be invoiced separately after the event. Payment will be due within one week of presentation. Jet Setters will agree with the Member prior to incurring any additional expenses or fees.
(d) Should an event demand be requested within three weeks before the event date, payment in full will be required to secure the event.
(e) The Member engages Jet Setters to carry out the Event Services for the duration of the event. The Member acknowledges that Jet Setters may use sub-contractors and third party suppliers to provide certain elements of the event and/or services (including venue owners, talent, and suppliers of production, catering and travel related services, accommodation etc.).
(f) Member acknowledges that Jet Setters is appointed to provide the Event Services on a non-exclusive basis and nothing shall prevent Jet setters from providing any services of the same or similar nature to the Event Services to any third party.
(g) In case of changing dates requested in writing by the Member, every effort will be made to change the event date, although Jet Setters reserves the right to charge 10% of the event value. The charge may be higher when it has not been possible to cancel subcontractors or venues. No change may be made within ten weeks of the event.
(h) Jet Setters reserves the right to cancel the Member’s demand if there has been a change of more than 40% of the agreed setup of the pre-project. Written notification will be sent to the client.
(i) If a Member wishes to cancel the Event Services, he/she must promptly notify Jet Setters in writing. In such circumstances, the Member shall be required to pay to Jet Setters all costs and expenses incurred (such as accommodation, function room hire, equipment, pre-booked food and beverage charges) and/or irrevocably committed to by Jet Setters within seven days of the cancellation date.
(j) Without prejudice to any of Jet Setters’ rights, failure by the Member to pay any sums due to Jet Setters by the relevant due date shall entitle Jet Setters to cease provision of the Event Services and to cancel any uncompleted bookings without incurring any liability whatsoever to the Member.
4.9 Vacation Rentals and Property Handling
Whether it is for vacation, or looking to rent or buy a property, Jet Setters offers you a wide range of luxury penthouses and magnificent villas in the UAE and around the World.
(a) Once we receive the confirmation of availability for your selected property, the applicable rates and the amount of the deposit required, we will inform you, and you should make the deposit payment through the App.
(b) When your booking is confirmed, you will directly sign legally binding contracts with the owner or his/her representative, aimed at granting you the use of its property, for the limited desired period of time. The type and specific content of such contracts may vary depending not only on its type and location, but also the period of time for which you intend to rent the property.
(c) Any damage to any apartment or villa or to any of the property therein is the responsibility of the person who caused it and charges for such damage must be paid on departure.
(d) When you book a villa or a penthouse for holidays, the total number of people (including infants and children) using the accommodation must not exceed the maximum occupancy that you sent us on your request; otherwise you may be refused access to the accommodation or charged an additional amount.
(e) Any plan of the layout of the accommodation we may supply is based on specifications supplied to us by the accommodation providers. The plan will only be a general representation of the accommodation. Actual unit size, design, fixtures, furnishings and facilities may vary from those shown on the plan.
(f) Though it is unlikely that we will have to make any changes to confirmed arrangements, it does occasionally happen, and we will inform you at the earliest possible date. If, for any reason beyond our control, we are unable to provide you with the desired property booking that we have previously agreed, we reserve the right to cancel the reservation. For example, if the property is damaged or rendered unusable, or is sold, we will have to cancel the booking and refund you in full. Except for the return of your previous payments, we shall not be liable for any further obligations or claims. We will, of course, help you as much as possible to find alternative accommodation and, if we had agreed a special rate with you, will endeavour to find another time when you can stay with us for the same rate.
(g) In case of the demand for property sale or purchase, we will propose you an exclusive representation contract for your project with real estate agencies for a fixed period.
4.10 Personal Shopper and Gifts
(a) For the Gift Service, we can provide advice on gift selection, inclusion of a message, cultural and local custom implications, prices and delivery timescales on UAE or Worldwide.
(b) For Personal Shopping Service, we will give our provision of assistance upon request by the Member to locate specific items that he or she wishes to buy in a variety of locations and where possible, place an order on the Member’s behalf with the Service Provider. We will notify the Member to pay the committed amount
(c) For complex goods and services including but not limited to collectibles and gifts, hard to find luxury items, Jet Setters will add a service charge and or a Premium on the total cost of the goods. The percentage of the service charge will vary depending on the complexity of the request and the deadline we have.
(d) Once we found the rare gem, you will receive an email and a notification and you will have to pay the specified amount via the App within the requested time.
(e) To ensure safe and secure delivery for the purchased hard to find item, we strongly recommend that you have insurance coverage for valuable or expensive items. We can assist you in taking out such insurance.
4.11 Experiences Terms
(a) Jet Setters is responsible for lodging bookings with Suppliers of Experiences – Suppliers-. Member may be required to enter into an agreement with the Supplier and the he/she agrees to accept any terms, conditions, rules and restrictions associated with the itinerary imposed by the Supplier. Member acknowledges and agrees that Jet Setters is not a party to any agreement between the Members and the Suppliers, and that, with the exception of its payment obligations and obligations related to Jet Setters bookings, Jet Setters disclaims all liability arising from or related to any such agreements.
(b) All experiences offered are subject to availability. Experiences should be booked a minimum of four weeks in advance and even further for weekends and public holidays. Bookings are not confirmed until you receive your pre-reservation confirmation by e-mail and make the payment fees through the App within the required deadlines. You should not make any travel or other related arrangements until the booking has been confirmed.
(c) Jet Setters reserve the right to surrogate certain parts of the experience, should those parts become unavailable due to circumstances beyond our control. We may need to cancel the experience at short notice due to changes made by the Supplier. Participants will be able to re book the experience cancelled by Jet Setters.
(d) From time to time, Jet Setters offers Unique Experiences and special offers.
(e) Many of the experiences offered are dependent on weather conditions. The experience description will include advice about weather conditions and participants may need to confirm with the Supplier on the day. A telephone contact number will be provided in your booking confirmation. In the event that the experience is cancelled, you will be able to re-book the experience. However, we will not reimburse you for any traveling and other related expenses caused by cancellation due to adverse weather or breakdown.
(f) Some experiences require that stipulated clothing items be brought to the experience or alternately worn during the experience. Jet Setters will advise you the details of any special dress code and you are requested to comply with these requirements. Jet Setters will not be held liable if a Supplier refuses participation in an experience due to failure to bring or wear the stipulated clothing.
(g) Jet Setters have taken great care in choosing quality Suppliers of Experiences. If you have a problem or complaint on the day, please bring it to the attention of the Supplier on the spot.
(h) Wherever possible, Jet Setters endeavour to advise participants of any limitations that apply to specific experiences or activities. To help us meet your needs, we ask that you inform us of any disability when ordering or booking through us. Restrictions on age, health, weight and height will be clearly detailed with each experience confirmation. If you are unable to meet the minimum requirements for the experience, Jet Setters will try to exchange the experience for another with a value equal to or less than the value of the experience purchased. Should an experience be chosen that is of greater value then you are required to pay Jet Setters the difference in value between the two experiences.
(i) Jet Setters reserve the right to refuse participation in any experience if you have failed to inform us of any conditions that would make participation in the experience dangerous for yourself or any other party.
(j) Jet Setters have an extensive range of Experiences Suppliers that extend across UAE and Worldwide. Although every care is taken in choosing of Suppliers and venues, Jet Setters cannot guarantee the safety standards or satisfactory performance of any Supplier, nor can Jet Setters accept responsibility for any loss or damage suffered by a Member whilst participating in the experience for which the Supplier will be solely responsible.
4.12 Fine Cuisine
This clause refers to the Jet Setters Catering and Chef Services provided in the UAE and Worldwide through its catering service network and Chefs roster.
(a) Once the Member confirms acceptance of an estimate, this becomes a contractual agreement with the Caterer Supplier or the Chef manager and its Terms and Conditions come into full effect.
(b) Upon confirmation of booking of the Catering Service or The Chef, the first payment – a deposit invoice will be raised for a non-refundable deposit of 25% of the gross balance. Once the deposit is paid through the App, the booking and date is confirmed with the Supplier or the Chef manager. The Final balance for catering services is due in full no later than two weeks prior to the event date.
(c) If a Member wishes to cancel the Catering Service or the Chef Booking, he/she must promptly notify Jet Setters in writing. In such circumstances, the Member shall be required to pay to Jet Setters all costs and expenses incurred and/or irrevocably committed to by Jet Setters and by its Suppliers within seven days of the cancellation date.
4.13 Miscellaneous Services
This Clause refers to Jet Setters' other services which are: Property Maintenance, Errands, Domestic Help, Well-being, Pets Care and Close Protection. The accessibility and easy to use of our Services through the App are consistent with our goal to make life easier for our Members.
(a) When you book a service above quoted in this Clause, we will assist you in your request and you will follow-up the services provided by the designated Supplier.
(b) In the event of a complaint, you must contact the Supplier directly, while notifying us in order to intervene as best as possible.
(c) For the fitness and/or SPA activities offered, you are the one to judge your physical abilities. In some cases, the Service Supplier may require a medical certificate to this effect.
5 APP GUIDELINES
5.1 Except as expressly set out in this Terms and Conditions or as permitted by any local law, Members agree to not:
(a) Copy the App or any related documents except where such copying is incidental to normal use of the App.
(b) Rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or any related documents.
(c) Make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
(d) use the App for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses’
(e) use the App to create any software that is substantially similar to the App.
(f) publish, publicly perform or display, or distribute to any third party any documents related to the App.
(g) Make derivative uses of the App.
5.2 Any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods is forbidden.
6 FORCE MAJEURE
(a) Neither Jet Setters nor the Supplier is liable for the delay or failure to provide a Service when such delay or failure is caused by Force Majeure. Any compensation is not due in such cases.
(b) A “Force Majeure” means an occurrence beyond the control and without the fault or negligence of the party affected and which by exercise or reasonable diligence the said party is unable to prevent or provide against. Without limiting the generality of the foregoing, force majeure include: act of God, acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), pandemics, war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation, nationalization, government sanction or embargo, labor disputes of third parties to this contract, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations
or the prolonged failure of electricity or other vital utility service.
(c) Any Party asserting Force Majeure as an excuse to performance shall have the burden of proving proximate cause, that reasonable steps were taken to minimize the delay and damages caused by events when known, and that the other Party was timely notified of the likelihood or actual occurrence of this cause.
7 YOUR USE OF OUR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Jet Setters is for your personal use and not for advertising purposes. You may not use Jet Setters to recreate or compete with Jet Setters, to solicit or harass Suppliers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Jet Setters for any such damages, and will indemnify Jet Setters in the event of any claims against Jet Setters based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Jet Setters Services, products or properties at any time. All information about Suppliers is confidential and for your personal use only. If it is determined or suspected by Jet Setters in its sole discretion that you are misusing or attempting to misuse or circumvent the Jet Setters services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Jet Setters reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
8 INTELLECTUAL PROPERTY
8.1 The Content (as defined below) is protected by applicable intellectual property laws and all Content is owned by or used by Jet Setters under a license or with permission.
8.2 All text, formatting (including without limitation the selection, coordination and arrangement of materials received from Jet Setters, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information received from Jet Setters are subject to the intellectual property rights of Jet Setters, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). (c) The Content may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicense or transferred in any form by you. No Content shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Content without Jet Setters’ s prior written permission.
9.1 The Terms and Conditions of this Agreement are absolutely confidential between the parties and shall not be disclosed to any other party, except when necessary to effectuate its terms. Any disclosure in violation of this section shall be deemed a material breach of this Agreement.
9.2 It is understood and agreed that the parties to this Agreement will provide each other with information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows, with fully financial penalty of funds paid of any breach of the following:
(a) The confidential information to be disclosed under this Agreement (Confidential Information) is defined as:
(a1) Documentation issued from Jet Setters to the Member and/or beneficiaries such as invoices, sales orders, contracts, and terms and conditions, including this document, regardless of whether such information is designated as Confidential Information at the time of its disclosure.
(a2) The parties shall use the Confidential Information only for performing service under this Agreement.
(a3) The parties shall limit disclosure of Confidential Information, whether verbal or written, within its own organization to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party, whether an individual, corporation, or other entity, without prior written consent of the Disclosing Party.
(b) The parties shall satisfy their obligations under this paragraph if they take affirmative measures to ensure compliance with these confidentiality obligations by their employees, agents, consultants and others who are permitted access to or use of the Confidential Information.
9.3 The existence, nature, terms and conditions of this Agreement are strictly confidential and shall not be disclosed by the Member in any manner or form, directly or indirectly, to any person or entity under any circumstances. Further, the Member shall not discuss, comment upon, disparage, or disclose any information, in any manner or form, directly or indirectly, online or otherwise, to any person or entity, about:
(a) Jet Setters; including its officers, directors, shareholders, agents, employees, or other representatives;
(b) Any aspect of Jet Setters’ s business or operations; and/or
(c) Any aspect of the Client’ s dealings with Jet Setters.
9.4 The Member shall not assist, or cooperate with, any other person or entity in committing any act, which if committed by the Member, would constitute a violation of this section. Jet Setters shall deem any violation of this section a material breach of this Agreement, punishable by way of immediate, undisputed AED100,000 fine.
9.5 The parties and their lawyers shall keep the specific terms, conditions, and covenants of this Agreement confidential except:
Where mutually agreed to in writing;
(a) Where necessary to share such information with the parties’ accountants or attorneys; or
(b) Where a court of competent jurisdiction orders disclosure.
9.6 The parties and their attorneys shall not communicate with anyone associated with any media or publication entities concerning the terms of this Agreement or allow any information to be released into any publicly available medium in which the press can obtain information. This confidentiality provision is a material term of this Agreement, and its violation shall constitute a material and very serious breach of this Agreement.
10. GOVERNING LAW AND JURISDICTION
10.1 We grant you access to our Site and our App conditional upon your acceptance that the laws of Dubai Courts apply between us in relation to these Terms.
10.2 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Dubai Courts.
10.3 Each party irrevocably agrees that the laws of Dubai Courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.