Terms of use
1. DEFINITIONS
1.1 “Aircraft” shall mean any aircraft operated by the Carrier to perform the Flight.
1.2 “Air Charter Confirmation” means the e-mail received by the Client from GoOllie as confirmation of a Binding Agreement between the Carrier and the Client.
1.3 “Binding Agreement” means the establishment of a legally binding agreement between the Carrier and the Client.
1.4 “Carrier” shall mean the operator performing the Flight.
1.5 “Client” shall mean the legal entity or physical person booking the Flight(s) either for its own account as a Passenger, or for the account of Passenger(s).
1.6 “Flight” shall mean the flight or series of flights operated by the Carrier to be performed in accordance with a Binding Agreement.
1.7 “GoOllie” shall mean GoOllie ApS, Business Registration number: DK-42624098.
1.8 “GoOllie Platforms” means the website www.GoOllie.com and the GoOllie app.
1.9 “Non-binding Offer” means one of the different non-binding prices shown on the GoOllie Platforms upon a Client’s Request.
1.10 “Offer” means the Client’s binding offer to the Carrier. The Offer is submitted when the Client activates the Non-binding Offer on the GoOllie Platforms.
1.11 “Passenger” means any person except members of the crew carried or to be carried in an Aircraft with the consent of the Carrier.
1.12 “Price” means the total cost for each Flight
1.13 “Request” means the submitted Flight request from a Client on the GoOllie Platforms. The Request is submitted when the Client activates the Request on the GoOllie Platforms.
1.14 “Terms and Conditions” means this document regarding the use of GoOllie Platforms.
1.15 “Unexpected Cost” means any cost not mentioned in the Non-binding Offer.
1.16 “User” means everyone accessing the GoOllie Platforms.
2. ABOUT THESE TERMS AND CONDITIONS
2.1 These Terms and Conditions apply to the Client’s use of GoOllie Platforms.
2.2 GoOllie urges the Client to read these Terms and Conditions carefully before the Client makes use of the GoOllie Platforms. If the Client does not accept these Terms and Conditions, GoOllie asks that the Client refrain from using the GoOllie Platforms.
2.3 The Client must be as a minimum 18-year-old to submit a Request on a GoOllie Platform, and be legally authorized to enter into contractual obligations, have the necessary commitment or the necessary authority to act on or on behalf of the persons who may be subject to a final agreement with a Carrier.
2.4 The GoOllie Platform is owned and operated by:
GoOllie ApS
Business Registration number: DK-42624098
Agern Alle 5A
2970 Hørsholm
DK-Denmark
3. GoOllie SERVICES
3.1 GoOllie owns and operates the GoOllie Platforms. GoOllie displays information on behalf of Carriers on basis of Requests from a Client.
3.2 GoOllie acts solely as an intermediary between Clients and Carriers. This means that any claim or complaint set forth by a Client regarding the Flight(s), e.g., as a result of delays, cancellations, bankruptcy, luggage, etc. must be directed to the Carrier. Likewise, any claim or
complaint set forth by a Carrier regarding the Flight(s) must be directed to the Client.
3.3 The purpose of these Terms and Conditions is to govern the Client’s use of the GoOllie Platforms, hereunder any relation between GoOllie and the Client in GoOllie’s capacity as an intermediary between a Client and a Carrier.
4. OFFER AND ORDER PROCES
4.1 The Client will be able to submit a Request on the GoOllie Platform. Depending on the Carriers’ available Aircraft(s), there will be none, one or more Non-binding Offer(s) available for the Client on the GoOllie Platforms.
4.2 If a Client receives one or more Non-binding Offer(s), the Client will be able to activate the Non-binding Offer(s) on the GoOllie Platforms, and the selected Carrier will hereafter receive an Offer from the Client.
4.3 Upon the Carrier’s receipt of an Offer from a Client, the Carrier will be able to accept or decline the Offer.
4.4 An amount equal to the Price will be deducted from the Client’s account if the Carrier accepts the Offer. The successful wire of an amount equal to the Price to GoOllie’s account shall constitute a Binding Agreement between the Client and the Carrier, cf. clause 4.7 below
regarding application of Carrier’s terms and conditions.
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4.5 The Carrier is entitled to enter into other agreements regarding utilization of the Aircraft until there is a Binding Agreement. It is the Carrier’s responsibility to check whether the payment of the Price and the effective wire to GoOllie’s account has been performed and the Carrier is not entitled to entering into another agreement with a third party before GoOllie has approved it.
4.6 The process described in clause 4.1-4.4 will be terminated immediately if
(i) a Carrier declines an Offer,
(ii) an Offer has not been accepted within the response time as specified by the Carrier or
(iii) the Client withdrawals the Offer before the Carrier has accepted the Offer.
4.7 Terms and conditions of the relevant Carrier will be made available to the Client prior the Client’s Offer to the Carrier. The Client will not be able to send an Offer to the Carrier before accepting the terms and conditions from the selected Carrier. Accordingly, the Carrier’s terms and conditions shall form part of the Binding Agreement between the Carrier and the Client. It is the Client’s responsibility to familiarize with these terms and conditions from the relevant Carrier.
4.8 In case of contradiction between the terms and conditions of the relevant Carrier and these Terms and Conditions, these Terms and Conditions shall prevail.
4.9 GoOllie handles the Client’s wish to make later additional purchases in addition to the Binding Agreement, e.g. regarding special catering, additional seats or other specific later purchases.
5. INFORMATION IN THE NON-BINDING OFFER
5.1 When the Client receives a Non-binding Offer to a Request, the Non-binding Offer will contain the information
mentioned in section 5.2-5.5.
5.2 The Non-binding Offer includes all costs for the Client. Any Unexpected Costs, e.g. de-icing,
stopover etc. are managed in accordance with Carrier’s terms and conditions cf. clause 4.7
Carrier.
5.3 The Non-binding Offer includes estimated flight time for the Flight(s). In case of any stopover
included in the Flight(s) it will also appear in the Non-binding Offer.
5.4 The Non-binding Offer includes specification of the aircraft, hereunder aircraft model,
potential pictures of the exact aircraft to be utilized during the Flight etc.
5.5 The Non-binding Offer includes information about the maximum of baggage per Passenger,
hereunder size, weight and quantity and information about catering (if any).
6. AIR CHARTER CONFIRMATION
6.1 Upon the establishment of a Binding Agreement, the Client will automatically receive the Air
Charter Confirmation by email. This e-mail constitutes the valid documentation for the Flight.
7. CONTACT INFORMATION
7.1 It is the Client’s responsibility to ensure that the Client can receive GoOllie’s and the Carrier’s messages e.g. in case of subsequent changes in the purchased Flight. GoOllie and the Carrier are not liable if the Client do not receive a notice from GoOllie or the Carrier due to
circumstances that are beyond GoOllie’s or the Carrier’s control to a reasonable extent, including, but not limited to, the following: (i) the Client has provided an incorrect email address; (ii) the Client’s email settings do not allow GoOllie’s or the Carrier’s emails to be
received; or (iii) the Client’s email settings treat GoOllie’s or the Carrier’s emails as spam.
8. PRICE AND PAYMENT
8.1 All Prices are in euro.
8.2 An amount equivalent to the Price will be withdrawn from the Client’s account once the Carrier accepts the Offer. Upon the effective wire of said payment to GoOllie’s account an amount will hereafter be transferred to the Carrier in full and final settlement of the Flight(s)
ordered by the Client.
9. CANCELLATION
9.1 Cancellation of Flights upon the conclusion of a Binding Agreement is a matter between the Carrier and the Client as GoOllie acts solely as an intermediary.
9.2 In the event of a dispute between the Carrier and the Client regarding the right to cancellation, GoOllie will refund an amount equivalent to the Price to the Client without making any further investigation or assessment of the dispute to be settled by the Carrier and
the Client. The refund to the Client provides that the amount has not yet effectively been transferred to the Carrier.
10. PROHIBITED USES
10.1 The Client may only use the GoOllie Platforms for lawful purposes. The Client may not use the GoOllie Platforms:
- in any way that breaches applicable law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm anyone in any way;
- in contravention of any of these Terms and Conditions.
10.2 If GoOllie registers any abnormal behavior from a Client or User, GoOllie will at any time be able to terminate the Client’s or User’s access to the GoOllie Platforms.
10.3 Sub-sales etc.
10.3.1 The Client shall not be entitled to sell to third parties any part of the Flight without GoOllie’s prior written consent.
10.3.2 Breach by the Client of the provisions of clause 10.3.1, entitles GoOllie to cancel the relevant Flight and the Carrier and GoOllie shall be compensated by the Client fully for any resulting costs, expenses, and loss of profit suffered by the Carrier and GoOllie. Furthermore, it entitles GoOllie to terminate the Client’s access to the GoOllie Platforms.
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11. LIABILITY
11.1 These Terms and Conditions set forth the full scope of GoOllie’s obligations and liability as an intermediary.
11.2 GoOllie acts solely as an intermediary of air travel offers provided by independent third-party Carriers and Clients.
11.3 GoOllie accepts no liability for the Carrier’s performance of the Binding Agreement nor any other agreements between the Carrier and the Client and GoOllie makes no guarantees (neither directly or indirectly) regarding suitability or performance in general. Further GoOllie
accepts no liability for the Client’s performance of the agreement with the Carrier, and GoOllie makes no guarantees (neither directly or indirectly) regarding suitability or performance in general.
12. APPLICABLE LAW AND JURISDICTION
12.1 These Terms and Conditions are subject to Danish law.
12.2 Any dispute or claim arising out of these Terms and Conditions shall be governed by and construed in accordance with Danish law without regard to its principles on choice of law, however the Danish Sale of Goods Act shall not apply.
12.3 Any dispute, controversy or claim arising out of or in connection with this these Terms and Conditions, including any disputes regarding the existence, validity etc., shall be exclusively and finally settled by arbitration arranged by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
12.4 The proceedings shall be conducted in the English language. Evidence, including (oral or written) expert and witness statements, may be submitted in Danish (subject to translation into English) or English.
12.5 The place of arbitration shall be in Copenhagen, Denmark.
12.6 The court of arbitration shall be composed of three arbitrators. Each Party shall appoint one arbitrator and the Danish Institute of Arbitration shall appoint an arbitrator who shall be a Danish judge (as far as possible) and the chairman of the court of arbitration. If a Party has not appointed an arbitrator within 15 days of having requested or received notice of the arbitration, such arbitrator shall be appointed by the Danish Institute of Arbitration instead.
The arbitration proceedings and the arbitration award shall be confidential without limit of time.