Terms & Conditions
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Stella Jets LLC of 803 Southlake Blvd Southlake, TX USA (“we,” “us” or “our”), concerning your access to and use of the www.stellajets.com (collectively, the “Web Site”).
You agree that by accessing the Web Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Web Site and you must discontinue use immediately.
1. Scope of application
1.1 These Terms and Conditions shall apply to all contracts for the carriage of passengers concluded via Stella Jets LLC and the customer.
1.2 The version of the Terms and Conditions valid at the time the booking is made shall apply to the contract.
1.3 Stella Jets LLC does not accept deviating terms and conditions of the customer. This also applies if Stella Jets LLC does not explicitly object to the inclusion of such terms and conditions.
2. Booking and conclusion of the contract for air carriage
2.1 The customer can book air transportation services tailored to his needs via the Stella Jets LLC web site.
2.1.1 Booking
a) In order to request a flight, the customer must enter and submit the travel dates requested by him, his place of departure and arrival, as well as the desired number of persons to be transported in the mask provided for this purpose on the Stella Jets LLC web site. Entering the data and sending it does not constitute a binding offer by the customer, but rather a non-binding request to send him flight suggestions.
b) Stella Jets LLC will then search for suitable flight suggestions for the specified travel dates. Within a very short time, Stella Jets LLC sends an e-mail to the customer account with a compilation of flight suggestions matching the specified travel dates and the respective prices. This e-mail does not constitute a binding offer by Stella Jets LLC to conclude a contract for air transportation, but is an invitation to the customer to submit an offer to conclude such a contract.
c) The customer can then select a suitable flight by indicating the desired option and confirming it.
d) The booking is then made by returning the offer.
e) The customer can inform Stella Jets LLC of input errors at any time by e-mail or telephone. These will be taken into account immediately and the offer will be updated.
f) If the customer wants to complete the booking, he has to accept the offer.
g) By sending the accepted offer, a contract is concluded between the customer and Stella Jets LLC for the requested flight.
h) The customer can then instruct payment after receiving the invoice.
i) Stella Jets LLC will confirm the receipt of the submitted booking by e-mail immediately after the payment process on the part of the customer. Such e-mail constitutes a binding acceptance of the customer's offer.
j) If the requested flight is no longer available in the period between the customer's booking and the confirmation of the operating air carrier, Stella Jets LLC is entitled to provide the customer with an equivalent substitute. Equivalent substitute means an aircraft of the same category.
2.2 The contract for air transportation is concluded in each case for the number of passengers requested by the customer. If the selected flight offers more seats for the carriage of passengers and the customer wishes to carry more passengers than originally specified after the conclusion of the contract, a separate agreement is required for this purpose. The customer must inform Stella Jets LLC of this request as early as possible before departure. Stella Jets LLC will then inform the customer by e-mail whether it is possible to carry the additional passengers and what surcharges may have to be paid for this. This e-mail constitutes an offer by Stella Jets LLC to conclude the contract for the carriage of the additional passengers. The customer may accept this offer by replying to Stella Jets LLC by e-mail. This concludes the contract for the carriage of additional passengers by air.
3. Prices
3.1 Stella Jets LLC displays final prices for air transportation on the Stella Jets LLC web site. The final prices include the airfare, positioning flights if applicable, and all applicable taxes and fees, surcharges and charges that are unavoidable and foreseeable at the time the booking is made, as well as catering appropriate to the time of day, alcoholic and non-alcoholic beverages, and the applicable statutory value-added tax.
3.2 Not included in the final prices described in section 4.1 are the costs of de-icing, i.e. if the respective aircraft has to be de-iced before take-off. These, if incurred, are to be paid separately by the customer according to expenditure. De-icing costs also include de-icing costs for positioning flights. Positioning flights are those required to bring the respective aircraft to the booked departure point, as well as flight delays or evasive landings caused by weather conditions or air traffic control. Also not included are any risk insurance premiums for crisis areas.
3.3 The transportation prices are calculated for the transportation date agreed between the parties and the itinerary included in the offer. Therefore, if the Customer changes the agreed flight dates, e.g. the date of transportation, this may affect the amount of the transportation fare.
3.4 Ground transportation services between airports and between airports and other terminals are not included in the transportation price.
3.5 Stella Jets LLC reserves the right to change the agreed transportation price after the conclusion of the transportation contract in the event of changes in fuel costs, changes or the introduction of taxes, fees, dues, special charges or other aviation-specific charges for certain services, aviation-specific charges, emission certificate costs, which have actually occurred subsequently and which were not foreseeable at the time of the conclusion of the contract, if there are more than four months between the conclusion of the contract and the agreed transportation date. The customer will be informed of such a price change without delay.
4. Terms of payment
4.1 The Customer may pay for the Air Carriage by advance payment.
4.2 The booked air carriage is due for payment after the conclusion of the contract.
5. Contractual and executing air carrier
Stella Jets LLC does not perform the air transportation itself, but uses a suitable airline for this purpose (hereinafter referred to as "performing air carrier"). Stella Jets LLC therefore acts towards the customer as contractual air carrier, also called contractual air carrier.
6. Provisions of the air carriage
6.1 The customer shall provide the name, surname, date of birth and identification data of his passengers as soon as possible after the conclusion of the contract, but preferably 48 hours before the scheduled departure, or earlier if requested by Stella Jets LLC. The customer is obligated to provide further information, as far as this is required by legal or official regulations of the place of departure, overflight or arrival. Changes to the names and other data regarding the passengers are usually possible at short notice, but can be complicated by country-specific requirements of the arrival, overflight or stopover location.
6.2 The customer is solely responsible for ensuring that he and his passengers arrive at the airport on time at the specified time and have all the necessary documents (proof of identity, passport, vaccination certificate, visa, etc.). If passengers arrive at the airport after the specified time, Stella Jets LLC will still make every effort, if possible, to provide air transportation, but any resulting additional expenses and costs incurred by Stella Jets LLC will then be the responsibility of the customer.
6.3 If the time during which the aircraft is available to the customer as agreed is exceeded because passengers, baggage or cargo shipments are not available in time, because travel documents or other documents required for carriage are missing, or because this is caused by other acts or omissions of the customer, its employees, agents or passengers, the customer owes Stella Jets LLC demurrage charges according to the fee schedule of the respective airport as well as reimbursement of expenses for additional ground and flight time. The customer is also obligated to reimburse Stella Jets LLC for any additional proven costs incurred due to the non-operation of the flight or delay.
6.4 Stella Jets LLC or the operating carrier may refuse the carriage or onward carriage of passengers if i)this is necessary for safety reasons, ii) the carriage or onward carriage is necessary due to a violation of official or legal requirements of the place of departure or arrival or of a country overflown, or iii) the behavior of the passenger, his mental or physical condition is such that he exposes himself, other passengers or crew members to danger, iv) the customer has not paid the fare, including any applicable taxes, fees or surcharges; or v) the passenger is not in possession of valid travel documents or does not have valid entry documents; or vi) the passenger fails to comply with applicable safety regulations on board.
6.5 Stella Jets LLC or the operating Carrier may refuse to carry or forward Baggage if the Baggage contains items, as defined by the ICAO and IATA Dangerous Goods Regulations, which may endanger the aircraft or persons or property on board the aircraft, such as explosives, compressed gases, oxidizing, radioactive or magnetizing substances, highly flammable substances, toxic or aggressive substances; or Contains articles the carriage of which is prohibited by the regulations of the State, the point of departure or arrival, or any State over which the flight passes; or contains items which are unsuitable for carriage because of their nature, e.g. fragility or particular sensitivity; more detailed explanations for the specific individual case can be obtained from Stella Jets LLC.
6.7 Stella Jets LLC will gladly provide the customer with the ICAO and IATA dangerous goods regulations upon request, but they are also available on the ICAO and IATA websites. In addition, the website of the German Federal Aviation Authority provides information on dangerous goods that may not be transported in baggage.
7. Termination of the contract for air carriage
7.1 Unless otherwise stipulated in Sections 7.3 and 7.5, the statutory provisions shall apply to termination and withdrawal from the contract of carriage by air.
7.2 Further, the customer accepts that the operating carriers own cancellation policy may also apply and as such will overrule this agreement. Any determination in regard to the operating carriers cancellation policy is made on case by case bases and Stella Jets LLC agrees to notify the customer of such applicability prior to confirming the operating carriers cancellation request. The customer hereby expressly acknowledges and accepts this Sub section 7.2 and agrees that Stella Jets LLC will not to be held monetarily responsible for cancelled flight from Stella Jets LLC`s operating carriers.
7.3 The customer may terminate the contract for air carriage at any time up to the date of the agreed departure. In this case, Stella Jets LLC is entitled to demand the agreed remuneration; however, Stella Jets LLC must take into account what Stella Jets LLC saves in expenses as a result of the termination of the air carriage contract or acquires or maliciously refrains from acquiring through other use of the service assumed under the air carriage contract. The parties agree on the payment of a lump sum for this purpose, depending on the time of termination, as follows:
Cancellation Terms;
1. After trip has been accepted by Stella 10% of total trip price
2. 7-10 days prior to departure 30% of total trip price
3. 6 days- 49 hours prior to departure 85% of total trip price
4. Less than 48 hours prior to departure 100% of total trip price
Peak Period Cancellation Terms
1. After trip has been accepted by Stella, 15% of total trip price
2. 7-4 days prior to departure 50% of total trip price
3. Within 3 days of departure 100% of total trip price.
In any case, fees and taxes not incurred due to the cancellation will be refunded. Stella Jets LLC has the right to prove in each individual case that a lower amount is to be deducted from the fare, and the customer has the right to prove in each individual case that a higher amount is to be deducted from the fare or that Stella Jets LLC is not entitled to any compensation.
7.4 The provisions of clause 7.2 do not affect the right of either party to terminate the contract for cause.
7.5 Cancellations and rescissions have to be made at least in text form.
8. Liability of Stella Jets LLC
8.1 Stella Jets LLC shall be liable for the carriage by air of passengers and their baggage in accordance with the Montreal Convention of 28 March 1999, and by federal legislation.
8.2 To the extent that Stella Jets LLC is not liable under the Montreal Convention of 28, March 1999, Stella Jets LLC shall be liable for damages incurred, irrespective of the legal grounds, only in accordance with the provisions of this clause 8.2 as follows:
8.2.1 In case of intent and gross negligence of Stella Jets LLC's corporate bodies, legal representatives, employees, or other vicarious agents, as well as in case of injury to life or body, Stella Jets LLC shall be liable to the full extent.
8.2.2 In case of ordinary negligence, Stella Jets LLC's liability is limited to damages that are typically expected to occur and to the violation of material contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the other party may regularly rely.
8.2.3 Stella Jets LLC is not liable for cancellation and delay of flights unless Stella Jets LLC is responsible for such incidents within the scope of at least gross negligence and the persons acting on behalf of Stella Jets LLC have taken all reasonable measures to avoid the damage or could not have taken such measures. This exclusion of liability applies in particular in cases of force majeure, obstruction by governmental authorities or other third parties, strike, lockout and war or warlike incidents. Stella Jets LLC is also not liable for the actions of other airlines, handling companies or their vicarious agents, or for passengers' items left on board. In all other respects, liability for loss of life, bodily injury and damage to health shall be governed by the statutory provisions. The exclusion or limitation of Stella Jets LLC's liability shall apply mutatis mutandis to all performing agents, employees and other persons.
8.2.4 The customer shall be liable without limitation for damage to the aircraft or to the interior of the aircraft, even without proof of fault on the part of the passenger causing the damage. The same applies to additional flight personnel deployed by the customer. The liability of the customer applies independently of any liability agreement between the customer and the passenger or the flight personnel deployed.
8.2.5 An obligation to perform shall not apply if the carriage or parts of the carriage cannot be performed in accordance with legal and/or traffic regulations, or if force majeure or other security interests (e.g. weather conditions, terrorism events, etc.) do not permit carriage. If this means that only parts of a carriage order are cancelled, only the costs for the carriage actually provided will be charged.
8.2.6 Stella Jets LLC reserves the right, especially in the case of force majeure, to have the carriage performed by an aircraft type other than the one agreed upon. In this case, Stella Jets LLC will only use aircraft types that comply with the same safety standard as well as an equivalent aircraft type.
8.2.7 If Stella Jets LLC is unable to fulfill its contractual obligation due to a failure of the aircraft for technical or operational reasons or as a result of force majeure (in particular due to the weather conditions prevailing at the destination or on the flight route) after commencement of the flight, the customer shall owe a fee adjusted according to the ratio between the number of flight hours calculated on the basis of the original offer and the flight hours actually incurred.
8.2.8 If, due to force majeure (in particular due to weather conditions prevailing at the destination or on the flight route), a landing at the destination airport is not possible and an alternative landing is necessary, Stella Jets LLC shall not bear the costs for the onward transportation of the passengers to the originally agreed destination nor the additional costs otherwise incurred due to the alternative landing. In this case, the customer shall owe a fee adjusted according to the ratio between the number of flight hours calculated on the basis of the original offer and the flight hours actually incurred.
8.2.9 If a landing at the destination airport is not possible due to force majeure (in particular due to the weather conditions prevailing at the destination or on the flight route) and a return flight to the departure airport is either requested by the customer or unavoidable under the circumstances, the customer shall owe a fee adjusted according to the ratio between the number of flight hours calculated on the basis of the original offer and the flight hours actually incurred. In this case, the flight hours shall consist of the total distance travelled, i.e. the outward and return journey.
8.2.10. If due to force majeure (in particular due to the weather conditions prevailing at the destination or on the flight route) a landing at the destination airport is not possible and therefore an intermediate landing is necessary, the customer is obliged to bear all additional costs arising from this.
9. Applicable Law
The law of Michigan shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, has made the booking and has his habitual residence in another country at the time of his booking, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence.
10. Place of Jurisdiction
These terms and conditions and the relationship between you and Stella Jets LLC shall be governed by and construed in accordance with the Law of The United States and Stella Jets LLC and you agree to submit to the exclusive jurisdiction of the Courts of the United States.