Terms and Conditions

These terms of service (“Terms”) constitute a legally binding agreement between the person identified on the request to join form (“you”/”your”) and Mikojet Inc. (“Mikojet”), a company registered under the laws of Québec, Canada. These Terms govern the access and use by you of any platform, applications, websites, content, products, and services made available by Mikojet in connection with you submitting the request to join form. These Terms expressly supersede prior agreements or arrangements with you and Mikojet regarding the provision of Services and waitlist sign-ups.

Amendment

Your access to and use of the Services is subject to these Terms may be modified or updated by Mikojet from time to time, effective upon posting an updated version of these Terms on the Mikojet website. Notices of any such modifications or updates will be sent to you via email, through the Services, or by updating the date at the top of these Terms. You are responsible for updating contact information and regularly reviewing these Terms for changes and information from Mikojet. Continued use of the Services after any such modifications or updates shall constitute your consent to such changes. Mikojet will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services (or any part thereof). Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).

Mikojet Services

Mikojet is not a direct air carrier and does not own or operate any aircraft. Rather, the services provided by Mikojet (“Services”) consist of facilitating the organization of groups traveling on commercial flights and the organization of charter flights in accordance with applicable laws and as further described below.

For Charter Flights from the US to Europe and Europe to the US

Mikojet arranges charter flights through Mikojet Inc. (US), a company registered in Delaware, as a charter operator under US-DOT 14 CFR Part 380 or as an air charter broker under 14 CFR Part 295. All passengers are required to accept and consent to the applicable Operator Participant Agreement and Conditions of Carriage at the time of booking. Flights will be operated by FAR Part 135 direct air carriers that have been certified and that meet all FAA safety standards. The FAR Part 135 direct air carriers exercise full operational control of the charter flights at all times.

For Charter Flights from Canada to Europe and from Europe to Canada

Mikojet arranges Flights with licensed air carriers through Mikojet Inc. (Canada), a company registered in Quebec. Mikojet (Canada) follows the rules of the Canadian Transportation Agency (CTA) for resalable charters.

The opportunity for flight transportation arrangements will only be made available and offered to individuals who fill out the request to join form in accordance with all applicable laws. Flight transportation arrangements will be provided by Mikojet (Canada), Mikojet (US), by partnering travel agencies or charter operators.

The exclusive purpose of the "Request more info" or "Waitlist" forms is to collect interest for flights between two regions. Filling out the "Request more info" or "Waitlist" forms does not constitute the scheduling of air transportation and does not guarantee or confirm any Services, seats, availability, specific flight times, or prices. It’s at Mikojet’s discretion to offer air transportation in accordance with all applicable laws. The submission of the "Request more info" or "Waitlist" forms does not create a legal obligation between Mikojet and you. You will receive an operator-participant agreement or other contract for review and signature.

Privacy

Mikojet is firmly committed to protecting the privacy of your personal information and the personal information of any customer. By using the Services, you acknowledge and agree that Mikojet’s collection, usage and disclosure of this personal information is governed by the Mikojet Privacy Policy, located at https://www.Mikojet.com/privacy-policy/. The Privacy Policy describes the sources through which Mikojet collects personal information and the business and commercial purposes for which such information is used and shared.

Commercial Electronic Messaging

By signing up to a waitlist with Mikojet, you agree that Mikojet may send you commercial electronic messages (including email or SMS, where applicable) as part of normal business operations relating to the use of the Services, as well as marketing and promotional messages about any related products or services. You may opt-out of receiving commercial electronic messages at any time. You acknowledge that opting out of receiving electronic messages may impact your use of the Services.

Confidentiality

“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, names, addresses and other information regarding passengers, product designs, sales, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Mikojet’s Confidential Information includes all information that you receive relating to Mikojet or to the Services, that is not known to the general public.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms and in accordance with any other obligations in these Terms. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms.

Liability

IN NO EVENT SHALL Mikojet’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED CANADIAN DOLLARS (CAD $500).

Governing Law

These Terms shall be exclusively governed by and construed in accordance with the laws of the province of Quebec, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Last updated: October 31, 2022