Our Terms of Services and Terms and Conditions
This Axends Terms of Services govern access and usage of our websites, mobile apps and other services for the facilitation of Aircraft charter.
This Terms of Services works as an agreement between the charter organisation Axends Air Mobility (“we”, “Axends”, “our” or “us”), a Dutch-registered company in the Chamber of Commerce under number 75769409, registered at Kastanjelaan 400, 5616 LZC Eindhoven, the Netherlands and you (“client”, ”user”, “Member” or “Customer”).
Axends is not a direct air carrier. All Flights to which Axends has access and are offered to users are owned and operated by a properly licensed third-party air carrier, compliant with rules outlined by the European Union Aviation Safety Agency (or other appropriate authority under foreign law).
These Terms of Services do not constitute a contract for carriage by air. Contracts for carriage will be concluded between users and Aircraft operators and will be subject to operators’ Terms of Services of Carriage. Axends is not a contracting or Common Carrier.
To the fullest extent permitted by law, Axends does not assume any liability whatsoever concerning the use of AXENDS`s platform, the performance of an Itinerary or any related operation of Aircraft.
In these Terms of Services, unless the context otherwise requires:
“Agreement” means these Terms of Services, the Charter Contract and any Special Conditions.
“Aircraft” means any aircraft (including helicopters) operated by an Operator for the performance of a Flight Itinerary.
“Booking Confirmation” means the confirmation (electronic, e-mail or via message apps) provided by Axends to a Member confirming the Flight and including the Itinerary and the Aircraft booked through the Axends Platforms.
“Charter Contract” means these Terms of Services.
“Charter Flight” means the Flights in which the Member reserves the entire Aircraft for flying.
“Conditions of Carriage” and “Operator`s Terms” mean the Operator’s general conditions of carriage for passengers and baggage.
“Member”: Axends users and members (which shall include its representative(s) as applicable) making Flight inquiring, Flight booking or/and booking a seat using Axends Platforms.
“Charter Price” means the total amount set out in Axends invoice(s) issued in respect of the charter of an Aircraft for the performance of the Itinerary, including Axends fee. Unless otherwise confirmed in writing by Arends, the Charter Price shall not include (a) catering, (b) additional services (including any ground transport and helicopter transfers), (c) any increase in costs after the date of the Booking Confirmation, including security costs, aviation insurance premiums, fuel, air Passenger duty, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and (d) de-icing, weather-related or hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, fuel stops or out of normal hours airport charges.
“Activation Date” means the day when Axends decides if a shared flight in pre-booking state will be confirmed.
“Empty Leg Charter” means a Member`s charter of an Aircraft for an Itinerary that is wholly contingent upon the completion of a separate charter Flight.
“Flight Briefing” means the Flight or series of Flights booked via Axends and shall include places of departure, places of destination, any stopping points and any departure and arrival times.
“Axends” means Axends Air Mobility and Axends Aviation, a Dutch-registered company in the Chamber of Commerce under number 75769409 under the registration of Reis Axis Consulting.
“Axends Exchange Rate” means the midpoint rate as published by the XE Currency, by the time of quote, plus a 1% currency administration fee.
“Axends Platform (s)” means the channels provided by Axends to the Member, so he /she can have access to Axends services, and that includes the site, telephone, e-mail, Axends App and text message service.
“Quote (s)” means the offers made by Axends to a Flight request received from the Member, describing all conditions for a Flight Itinerary that would be fulfilled in case the Member accepts the offers.
“Itinerary” means the Flight or series of Flights booked via the Axends Platform.
“Leading client” or “leading passenger”: The client responsible for purchasing and paying for the ticket, group of tickets or a charter flight.
“Members” are those persons who subscribe to use the services. It also includes subscriptions made via email, message apps or phone. A person is considered a member during the entire period in which his/her account is active on the Platform.
“Operator” means the Aircraft Operator whose quotation for the provision of a Flight to the Member has been accepted by the Member in accordance with these Terms of Service. The Operator is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation.
“Passenger” means any person other than a cabin or Flight crew travelling on an Aircraft booked by a member via Axends.
“Parties” means, as the context may require, Axends, Members and Passengers.
“Recurring clients” means Members that book a Charter Flight or a seat on a Shared Flight with Axends two or more times over a period of 12 months.
“Shared Flight” means a Flight in which a member book a seat on the Aircraft via Axends, instead of the entire Aircraft.
“Shared Charter” means a Flight in which Members book an entire Aircraft via Axends, and allow the sales of unused seats to other clients or members.
“Special Conditions” means those variations to these Terms of Services upon which the Operator will perform the Flight for the Member and which, in the event of inconsistency with these Terms of Services, take precedence between the Parties.
“Valid Member” or “Valid Member” means a person that registered to use the Axends Platform (or a person who inquiries about a Flight), and it is possible to validate the trustworthiness of the person.
Only registered members may book Flights through the Axends Platform. The usage of the platform is governed by these Terms of Service as also by our Cookie Policy and Privacy Policy. In case Members do not accept the terms described in these policies, they are not allowed to use the Axends Platform and services.
2.1 Members, confirm, acknowledge and agree that:
A- In making services available through the Axends, we act as solely as the agent for the Member and the intermediary between the Member and Operators in arranging Aircraft charters.
B- Axends does not and will not operate as an air carrier, and it does not own, operate or maintain Aircraft.
C- Axends is not a contracting carrier for the purposes of the Montreal Convention 1999, nor is it a common carrier.
D- Carriage shall at all times be subject to the Operator’s Terms and (where applicable) Conditions of Carriage.
E- They are of sufficient legal age and capacity to enter into legally binding agreements, including these Member Conditions.
F- A third party may not access the Axends Platform or make bookings on behalf of another Member unless expressly authorised to do so by the Member and on the condition that such third party brings these Terms of Services and all communications from Axends and/or the Operator to the express attention of the Member without delay and obtains the Member’s agreement to all such terms and communications.
G- Only valid Members and members may use the Axends Platform. Axends reserves the sole right to verify the trustworthiness of all users registered at any time. In case the trustworthiness of a user cannot be verified (such as – not limited to – users using fake e-mails or fake phone numbers or identity theft), Axends may, at any time and without notice, suspend the member from using the Axends Platform as well block the user for an indefinite time for using and any of its services.
3.1 The Operator shall make available to the Member the Aircraft as specified in the Flight Briefing. The Member shall take the Aircraft on charter from the Operator upon the Terms of Services of this agreement and the Operator`s Terms (including any Special Conditions which have been notified to the Member of the Quotation process).
3.2 Upon receiving a charter request, Axends will present a quote to the Member with a price for the Aircraft available to perform the Itinerary. The following terms apply to the Axends quote:
3.3 A Member acceptance of the charter price as well as these Terms of Services are deemed to occur upon the receipt by Axends of :
3.4 Subject to the continued availability of the Aircraft, upon acceptance of the Charter Price, and payment received, Axends shall issue the Member with a Booking Confirmation.
3.5 The balance of the total Charter Price is payable no later than 30 (thirty) days before the commencement of the Itinerary. Should the balance not be received within that timeframe Axends shall (in its absolute discretion) be entitled to cancel the Itinerary and refund the deposit received less (a) a fee of 20% (twenty per cent) of the total Charter Price and (b) any cancellation fees due to the Operator under the Operator’s Terms.
3.6 Members acknowledge and agree that the performance of an Empty Leg Charter is not guaranteed and is always conditional upon the primary charter (the Flight that gives rise to the empty leg) being operated. In case the primary charter is cancelled for any reason, the Empty Leg Charter will similarly be cancelled. In such circumstances, Axends will endeavour to inform the Member of such cancellation without delay, with the Member being entitled to a full refund of all funds paid concerning the Itinerary.
3.7 Flight bookings and Itineraries are based on internationally recognised ICAO (4 letters) and IATA (3 letters) airport codes and not by airport names or city names.
4.1 Members shall pay Axends the Charter Price at the time, in the amount, currency and to the address specified under the provisions set out, therefore in this Terms of Services and the Invoice.
4.2 Payment of Charter Price via debit and credit card incurs an additional transaction charge fee of 4%.
4.3 Funds received from Members in respect of the Charter Price will be held in a separate client account, pending payment of the relevant sums to the Operator (and net of Axends facilitation fee). The funds shall be held to be used only for the specific purpose of paying the Operators or for refunding Members according to the terms of these Terms of Services. In the event that the money held attracts interest, that interest shall accrue to the benefit of Axends and not the Member or any other third parties, regardless of whether or not the money is due to be refunded or repaid.
4.4 The Charter Price is based on aviation fuel costs calculated on the date of booking. If, for any reason whatsoever, there shall be any increase in the cost of aviation fuel between the date of booking and the date of operation of any flight, then the Member shall, if so required by the Operator, pay Axends on demand such amount as shall fully compensate the Operator for such increase in costs.
4.5 The Charter Price is agreed in the currency shown on the Invoice. On request from the Member, Axends, in its sole discretion, may elect to accept settlement of the price in either US Dollars, Euros or GBP Sterling. On request, a new invoice will be issued to the Member, converting the Charter Price using the Axends Exchange Rate on the date of issue of the Invoice. If immediate payment is not received, Axends reserves the right to recalculate the conversion of the Charter Price into the Member’s requested currency at the date of payment and issue a revised and/or further invoice for any additional amounts outstanding at the date of payment. All such invoices issued shall evidence the “Charter Price” of that Itinerary and are subject to these Terms of Services.
4.6 No set-off or counterclaim (whether arising in respect of a Flight Itinerary or any other carriage) shall entitle the Member to withhold payment of any sums whatsoever payable under or by reason of this Itinerary.
4.7 The Member shall be responsible for reimbursing the Operator on demand in respect of any de-icing costs incurred in connection with the performance of an Itinerary. Axends shall implement a credit card hold of the approximate cost of the de-icing. The Member will be informed before the Flight of the credit card hold amount. This credit card hold shall be released on full settlement of the related outstanding invoice in respect of an Itinerary under these Terms of Services. If the Member fails to make such a settlement, the Member agrees that Axends shall be entitled to request payment of the sum on hold from the Member’s credit card. In case a credit card hold is not used and De-icing is required, Axends will charge the De-icing amount from the Member, and the Member must pay the amount upon receiving the invoice.
4.8 In the event that the Member requests a change in routing or any other significant change (for example Flight time change, Passenger manifest change, change of airport or additional Flight requirements) in respect of one or more itineraries being undertaken by the operator under a Flight booking and such requests are accommodated by the Operator (which shall be at the Operators’ sole discretion), Axends will issue an amended or replacement Flight Confirmation and the Member will pay on demand any additional costs set out therein.
4.9 Debit and credit card charges are not refundable in the event of (a)cancellation of Flight(s) or an Itinerary, and/or (b) refund of pre-authorised payments taken by Axends from the Member’s credit card.
4.10 Unless agreed in advance of the Flight, Wi-Fi charges are not included within the Charter Price. Any charges by the Operator for WiFi used, that was not included in the Itinerary will be passed onto the Member to be paid on receipt of the invoice.
In case of cancellation of all or part of the Itinerary, the Member shall pay the following cancellation charges, depending on the time the cancellation occurs:
If part of the Itinerary is performed and the cancellation pertains to the remaining segments of the Itinerary, Members are not entitled to any refund from Axends (partial or otherwise).
6.1 The Member shall be solely responsible for ensuring that passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight and to comply with the Operator`s Terms, including but not limited to rules regarding luggage restriction, the carriage of pets or on-board behaviour. In the event that any Member`s Passenger fails to arrive in sufficient time to board the Flight, the Operator and Axends shall be under no liability whatsoever to the Member or to such Passenger. The Operator or Axends shall be under no obligation to make any alternative arrangements for any such Passenger.
6.2 Members shall provide Axends with all necessary information and assistance, including confirmation of the identity of all Passengers within any time frame as may be stipulated by Axends so that the Operator can issue traffic documents as necessary and/or finalise arrangements for the performance of the Itinerary.
6.3 Members and Passengers are solely responsible for obtaining all required travel documents and visas (including, where relevant, pet passports) and for complying with all applicable customs, police, public health, immigration and other lawful regulation, laws, orders, demands, instructions and travel requirements in countries of departure, arrival or transit. All travel documents (including, where relevant, pet passports) shall be presented with sufficient time to complete departure procedures. Axends shall have no liability whatsoever for a Member or Passenger’s failure to comply with this clause and for any consequence that might result from it. Members who are late for boarding might (i) be subject to late departure fees, and (ii) have no right to a refund if they are more than thirty (30) minutes late and the Operator can no longer service the Itinerary.
6.4 In the event of any delay (other than any delay for technical reasons that the responsibility for which shall lie with the Operator), a deviation or diversion of any flight, the Member shall be solely responsible for any cost for accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Member’s Passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Operator shall be reimbursed by the Member to the Operator`s demand.
6.5 Where an Operator makes Axends aware of changes to an Itinerary (including the departure time(s)), Axends shall endeavour to communicate such changes to the lead Member named in the Booking Confirmation.
6.6 In the event that any Passenger of the Member is refused entry at any destination airport, the Member shall indemnify and keep indemnified Axends or the Operator, in respect of that refusal (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Operator or Axends by any immigration authority) and, also, all cost or expense incurred by the Operator for any arrangements made by the Operator to return such Passengers to the country from which such Passenger was originally carried.
6.7 Members shall at all times ensure that Axends has been provided with their updated contact details, including but not limited to telephone numbers (landline and mobile) and a monitored email address. Axends shall have no liability whatsoever for any losses sustained by a Member due to Axends inability to contact them using their disclosed contact details.
6.8 The execution of the Itinerary depends on Flight operability. Events such as (but not limited to) actual weather conditions, airport opening hours, air traffic control, slots, Aircraft defect, overflight and landing permissions might interfere with the operation of the Flight. In case any of the mentioned circumstances force the Itinerary to be cancelled or the Aircraft be diverted to an alternative airport, be forced to return to base or suffer a technical failure, Axends shall use its reasonable endeavours to provide assistance in sourcing alternative means of transport for the completion of the Itinerary, whether from the original Operator or an alternative Operator/transport provider. In arranging any such alternative transport with an alternative Operator/transport provider, Axends act solely as the Member’s broker, with such transport being subject to the Terms of Services of the relevant Operator/transport provider. Unless otherwise agreed by Axends, the cost of any such alternative transport shall be for the account of the Member named in the original Booking Confirmation.
A – In case of delays resulting from weather, AXENDS shall inform the Member of the potential new departure time and date for the safe performance of the Itinerary.
B – In the event of unforeseeable Maintenance (“AOG”), the Operator will try to find a solution internally and send another aircraft to the fleet as a replacement. However, should no other aircraft be available or economically feasible to operate an AOG replacement, the Operator will do its best to organise a sub-charter aircraft from a third-party operator from the open market. In case the substitution involves additional cost, such additional cost shall be notified to the Member, who shall be entitled to either accept the additional cost or decline the offer of alternative carriage.
C – In case of service disruption (such as but not limited to adverse weather conditions, change or cancellation of slots, traffic control disruption, airport operational time restrictions) that incur any part of the itinerary not being able to be executed as described or on time, the Operator will do its best to organise an alternative carriage to deliver the Member to the final destination. In case the substitution involves additional cost, the such additional cost shall be notified to the Member, who shall be entitled to either accept the extra cost or decline the offer of alternative carriage. In case the Member does not accept an alternative carriage that delivers the Member to the final destination and does not involve additional cost to the Member, the Operator is entitled to consider the segment as executed, and no refund rights arise to the Member.
6.9 Member acknowledges and agrees that the captain of the relevant Aircraft is entitled to take all necessary safety precautions at any time, including but not limited to the full authority to make decisions regarding payload (Passengers, luggage and cargo), planned route, Flight timings, the sufficiency of weather conditions for safe Flight and ultimate landing destination.
7.1 Save as otherwise provided in these Terms of Services, and to the fullest extent permitted by law, Axends and its investors, shareholders, officers, directors, affiliates, agents, attorneys and third-party service providers and each of their respective employees ( together “indemnitees” shall have no liability whatsoever for any injury, death, loss, claim, damage, accident, delay or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, in any arising out or in connection with the charterer use of or any air travel or other services booked through Axends including, but not limited to:
7.2 The Member expressly agrees that their sole recourse of claims arising from the performance of the Itinerary or any part thereof (including delayed, partial or non-performance) shall be against the Operator.
7.3 If, notwithstanding the provision of this clause 7.1, the indemnitees have any liability to a Member, such liability shall (to the extent permitted by law) not exceed a sum equivalent to the Charter Price.
7.4 Axends shall be under no liability to the Member for any failure by its Operator to perform its obligations under an Itinerary arising from force majeure, labour disputes, pandemic or strikes of any kind (including those of Operator`s personnel), lock-outs, technical or weather reasons, or any other cause beyond the control of the Operator including accidents to or failure of the Aircraft or any Aircraft part.
7.5 The indemnities contained in these Terms of Services shall survive the termination of any Itinerary or Agreement.
7.6 The Member shall indemnify the Operator or Axends against any claims by any Passenger of the Member arising out of the termination of an Itinerary.
8.1 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in an Itinerary. No Party has relied upon representations made to it by another Party, whether written or oral, except as is expressly contained in these Terms of Services.
8.2 Members shall not be entitled to assign their benefits under these Terms of Services.
8.3 Time shall be of the essence in respect of the Member’s performance of its obligations under these Terms of Services.
8.4 The Charter Price, payment terms and other commercial terms contained in the Booking Confirmation are confidential to the Parties and may not be disclosed to third parties without Axends prior approval.
8.5 Axends may at any time amend these Terms of Services at its absolute discretion. Existing bookings shall remain subject to the Terms of Services in force at the time of booking.
