General Terms of Use (GTU)

1- Scope of Application

The terms of this Agreement named General Terms of Use (GTU) govern the legal relationship between the user of SWIXJET.COM platform (hereinafter as the “User”) and Swixjet Aviation Ltd. (hereinafter as « Swixjet » or « Platform » or « Application »).

The GTU apply to any use of the Platform. In particular, the viewing of pages related to charter services, financial solutions and all other services published on the Platform.

2- Using the Platform

Access and use of this Platform are subject to your full acceptance of the terms and conditions (GTU) contained herein, and all other operating rules, charter terms, policies (including, without limitation, Platform’s Privacy Policy) and procedures that may be published from time to time by Swixjet (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before using our Services. By accessing or using any part of Swixjet’s website, you agree to become bound by the Terms of this Agreement. If you do not agree to our GTU, Charter terms and Privacy Policy, then you should not access or use the Swixjet’s website.

3- Responsibility of Users

When you post material or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or email. By using the Platform, you represent and warrant that your Content and conduct do not violate these Terms.

4- Responsibility of Visitors

Swixjet has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, the Platform does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful, or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is technically inaccurate, with typographical mistakes, and other errors. The Platform disclaims any responsibility for any harm resulting from the use by visitors of our solutions and/or services, or from any downloading by those visitors of content published on the Platform.

5- Financial Informations

Specific terms related to financing pages, requirement forms, and online financial calculators.

NO OFFER. The informations published on Swixjet’s website does not constitute an offer or a recommendation to buy or sell a product or to perform other legal acts, nor an invitation to submit an offer. The granting of a loan/leasing/credit is prohibited if it leads to over-indebtedness of the consumer (art. 3 LCD).

The information available through the website is marketing material only and is solely for informational purposes on an “as is” basis at user’s sole risk. The information available through the Platform should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes.

the Platform makes no guarantees as to the accurateness, quality, or completeness of the information and the Platform shall not be responsible or liable for any errors, omissions, inaccuracies that may be published. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific aviation, charter flight, financial, legal, accounting, or tax questions a user may have.

6- Data Protection

Collection and processing of your personal data.

Swixjet commits to respect your data as per the current swiss legislation on data protection.

Every data entered or transmitted through the application form or the contact form will only be used in order to respond to a charter request, leasing or credit application or information. It is the same for the data that Swixjet may read, as the supporting documents sent to build your charter flight file.

Passing on of your personal data to a third parties.

Your data are treated confidentially and we won’t share or sell them to any third parties. However, so that we give you a reply to your charter flight application and obtain offers tailored to your needs, we transmit the essential information to our flight partners. They are required to use your data exclusively in the service of their functions and agree never to communicate, disclose or share your data. Unless required by the law, your data are disclosed to any third party and in any other case.

In addition, you authorize the financial institution to announce your request for funding to the ZEK and, if applicable, to the IKO as well as, in the event of a legal obligation, to other bodies. To this end, the type, amount and terms of credit or financing, as well as the applicant’s personal data and any qualified payment delays or abuse, are announced in particular.

You acknowledge that ZEK and IKO have the right to communicate to their members information relating to your request and the data received. The financial institution may refuse the funding request without providing reasons or justifications.

Application form. Security of the transmitted data

Your data are then processed by computer and stored in a secure environment at our hosting service provider. Every person with access to your personal data formally commits to this privacy policy and not disclose, divulge or share your personal data.

7- Access Restrictions

The Platform is not intended for people coming from jurisdictions in which (because of the nationality of the people, their place of residence or for any other reason) the distribution, the access to this site or its use, are prohibited. Persons subject to such restrictions must not access or use the site in any form whatsoever.

8- Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Platform links, and that link to Platform. The Platform does not have any control over those external web pages, and is not responsible for their contents or their use. By linking to an external website, the Platform does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Platform disclaims any responsibility for any harm resulting from your use of external websites and webpages.

9- Copyright Infringement

As Swixjet asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Platform violates your copyright, you are encouraged to notify the Platform and send your documents by email to our legal department :  juris at swixjet dot com

The Platform will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Platform will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be infringer of the copyrights, Terms of Use or other intellectual property rights.

10- Intellectual Property

This Agreement does not transfer from Platform to you any of the Platform or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Platform. Swixjet, Swixjet.com, Swixjet logos, and all other trademarks, service marks, graphics and logos used in connection with the Platform or our Services, are trademarks or registered trademarks of the Platform or Platform’s licensors, or partners.

Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Platform or third-party trademarks or content.

11- Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered without prior notice. Your continued use of our Services will be subject to the new terms.

12- Termination

The Platform may terminate access of a visitor or a user to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13- Disclaimer of Warranties.

The Platform and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, conformity, fitness for a particular purpose and non-infringement.

Informations related to aircraft, flight charter solutions and services displayed on the Platform is merely informational and these aircraft, charter solutions and services are not necessarily available for sale, nor are they represented or marketed in anyway by Swixjet Aviation Ltd. The content published on the Platform is neither a proposal nor contractual. All specifications and information are displayed in good faith but we do not warrant or assume any legal liability or responsibility for the current accuracy, completeness, validity, or usefulness of any information and/or images displayed. All information is subject to change without prior notice and may not be exact.

13.1 SWIXJET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. SWIXJET DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SWIXJET. SWIXJET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14- Limitation of Liability

In no event will the Platform, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: 1- any special, incidental or consequential damages; 2- the cost of procurement for substitute products or services; 3- for interruption of use or loss or corruption of data. The Platform shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14.1 – In no event shall Swixjet’s aggregate liability exceed the amounts actually paid by and/or due from you in the three (3) month period immediately preceding the event giving rise to such claim.
In no event shall Swixjet and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage).
Swixjet and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service or application, including but not limited to the use or inability to use the service or application, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or application, even if Swixjet and/or its licensors have been previously advised of the possibility of such damages.

14.2 – The services may be used by you to request and schedule transportation, goods or logistics services with third-party providers, including for the purposes of booking air charter services.
You expressly waive and release Swixjet from any and all liability, claims or damages arising from or in any way related to any tranportation, goods or logistics services provided to you by third-party providers. Swixjet will not be a party to disputes, negotiations of disputes between you and such third-party providers. responsibility for the decisions you make regarding services offered via the application or service (with all its implications) rests solely with you.

14.3 – The quality of any air charter services scheduled through the service or website is entirely the responsibility of the third-party provider who ultimately provides such transportation services to you.
You understand, therefore, that by using the Swixjet’s website, services and applications you may be exposed to air charter services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the website and the service at your own risk.
In this regard, the Charter Terms and Passenger Rules of Conduct are an integral part of this agreement. Please read the mentioned documents carefully before using our Services.

15- Indemnification

You agree to indemnify and hold harmless the Platform, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

16- Jurisdiction and Applicable Law

This Agreement, any access to or use of the Platform and our Services are governed exclusively by the Swiss laws. The place of jurisdiction is Lausanne, State of Vaud, Switzerland.

17- Miscellaneous

This Agreement constitutes the entire agreement between you and Swixjet concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Swixjet, or by the posting by Platform of a revised version of this Agreement.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Platform may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.

Copyright © Swixjet Aviation Ltd. Any reproduction and/or distribution without written consent is strictly forbidden. All rights reserved.

Lausanne, July 2023