Terms & Conditions
These Conditions govern the Contract and the relationship between Exodia Jets srl and the Client and should be read in conjunction with the Flight Confirmation(s) issued to the Client. By purchasing the Services, the Client confirms having read and understanding these Conditions and agrees to be bound by them. The Client shall ensure that all Passengers comply with these Conditions.
1. Definitions
“Broker”: means Exodia Jets srl, its subsidiaries or affiliates, agents or representatives.
“Charterer/Client”: means the natural or legal person, company or other entity who enters into a Charter Booking with the Broker.
“Operator”: means the certified air carrier who will perform the flight(s).
“Aircraft”: means the aircraft chartered under a Charter Contract.
“Charter Contract”: means the agreement for a particular charter flight, including flight schedule, aircraft type, price, operator terms, and other specifications.
“Flight Schedule”: means the itinerary including departure point, destination(s), times, dates and stopovers.
“Broker Fee / Commission”: means the amount payable to the Broker for arranging the charter services.
“Wet Lease”: means an agreement whereby the Operator provides the Client with an aircraft together with crew, maintenance, and insurance (ACMI), while retaining operational control of the flight(s).
“Force Majeure”: means any event beyond reasonable control of a party, including extreme weather, war, terrorism, strikes, etc.
“Dry Lease”: means an agreement whereby the Operator provides the Client with an aircraft without crew, maintenance, or insurance, transferring operational control to the lessee, subject to applicable laws and regulatory approval.
“Conditions of Carriage”: means the terms and conditions imposed by the Operator governing the performance of the flight, safety, passenger conduct, and liability.
2. Scope, Role and Obligations of the Broker
- The Broker acts solely as intermediary between the Charterer and the Operator.
- The Operator is solely responsible for the safety, maintenance, crew, and compliance with aviation laws.
- The Broker will provide the Charterer with a quotation including schedule, aircraft type, price, and any special services requested.
- These Terms apply exclusively to brokerage services performed by the Broker in relation to Charter Agreements, Wet Lease Agreements, and Dry Lease Agreements.
- The Broker does not own, operate, or exercise operational control over any aircraft.
3. Role and Responsibilities of the Broker
The Broker’s obligations are limited to:
- Introducing and facilitating contacts between the Client and the Operator,
- Assisting in the negotiation of commercial terms,
- Coordinating administrative and logistical support,
- Relaying information necessary for the execution of flights or lease agreements.
The Broker does not assume responsibility for the actual performance of flights or leases.
4. Role and Responsibilities of the Operator
- In Charter and Wet Lease Agreements, the Operator retains full operational control and is exclusively responsible for flight safety, crew performance, maintenance, insurance, and compliance with applicable aviation regulations.
- In Dry Lease Agreements, the Operator’s obligations are limited to delivery of the aircraft in an airworthy condition. Operational control, crew, maintenance, and insurance obligations are transferred to the lessee, who assumes all legal and regulatory responsibilities.
5. Client Obligations
The Client shall:
- Provide accurate information,
- Comply with customs, immigration, and security rules,
- Obtain necessary permits, visas, and authorizations,
- Ensure appropriate use of the aircraft under a dry lease,
- Indemnify the Broker and Operator for damages caused by negligence, misconduct, or failure to comply with applicable laws.
6. Booking, Payment, Cancellation
A booking is confirmed only upon written acceptance by the Broker and receipt of required deposit or payment. All fees, taxes, surcharges, airport charges, ground handling, de-icing, catering, fuel supplements, and other expenses are borne by the Client. Payments must be made according to the terms agreed in the Charter Contract. Late payments may lead to cancellation.
Cancellation by the Operator may entitle the Charterer to a refund less costs incurred. Cancellation by the Charterer may entitle the Broker and/or the Operator to a fee calculated as follows:
- Cancellation up to 14 days prior to departure: 20% of the Price
- Cancellation between 13 and 2 days prior to departure: 50% of the Price
- Cancellation 48h prior to departure: 90% of the Price
7. Wet Lease and Dry Lease Specific Conditions
- Under a Wet Lease, the Operator is deemed the performing air carrier for all legal and regulatory purposes.
- Under a Dry Lease, the Client (as lessee) is deemed the operator of the aircraft and assumes all associated obligations, including but not limited to crew employment, insurance, maintenance, safety oversight, and compliance with national and international aviation law.
The Broker assumes no liability under either regime, acting strictly as an intermediary.
8. Liability, Indemnity and Insurance
The Broker is not liable for damages, delays, losses, injury or death arising from the operation of the flight, which are the Operator’s responsibility. The Charterer indemnifies the Broker against claims or costs arising from passenger conduct or regulatory breaches. The Operator maintains legally required insurance; additional insurance requested is at the Charterer’s expense. The Broker’s liability, if established, is limited to the amount of its brokerage fee.
9. Changes to Flight Schedule
The Operator may adjust schedule for safety, regulatory or operational reasons. The Broker is not liable for such changes.
10. Force Majeure
Any event such as war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades or lockouts or other force majeure of any nature or any other factors over which the Broker and the Operator have no control may justify suspension, redirection or cancellation of the Flight. No party shall be liable for failure to perform obligations due to Force Majeure. If Force Majeure persists beyond 30 days prior to departure, either party may terminate with refund less incurred costs.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the Italian State. Disputes shall be subject to exclusive jurisdiction of the Court of Rome.
12. Entire Agreement and Amendment
These Terms together with the Charter Contract constitute the entire agreement between the parties. Amendments are valid only in writing signed by both parties.
13. Due Diligence on Operators
The Broker undertakes, to the best of its professional capacity and in accordance with applicable law, to verify that any Operator introduced to the Client holds valid authorizations and credentials. Such due diligence is performed on a reasonable-efforts basis and does not release the Operator from its sole responsibility for compliance, safety, and flight operations.
14. Disclaimer – Operator Terms Prevail
The provisions set forth in these Terms and Conditions are of a general and indicative nature only and shall not supersede the contractual terms of the operating carrier, which shall prevail in all respects. Exodia Jets srl acts solely as an intermediary and assumes no responsibility for the execution or safety of air transportation services.