Unless the context otherwise requires, in these Member Conditions:
Aircraft means any aircraft for the time being operated by an Operator for the provision of an Itinerary;
Booking Confirmation means the electronic confirmation provided by Victor to a Member detailing, inter alia, the Itinerary and Aircraft booked through the Victor Platform;
Charter Price means the price payable by a Member for the charter of an Aircraft for performance of the Itinerary, including Victor’s Handling Charge. Unless otherwise confirmed in writing by Victor, 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 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;
Claims has the meaning provided in Clause 6;
Conditions of Carriage means the Operator’s general conditions of carriage for passengers and baggage, as agreed during the booking process;
Control means, in relation to a person who is not an individual (the Entity), being owned or controlled directly or indirectly (a) by another person who (i) holds (directly or indirectly) more than 50% of the shares or other ownership interests in the Entity or (ii) holds (directly or indirectly) more than 50% of the voting rights in the Entity or (iii) holds the right directly or indirectly to appoint or remove a majority of the board of directors of the Entity. Controlled shall be construed accordingly;
Designated Person means a person (being any individual, any other bodies with legal personality (such as companies), as well as organisations, associations or groups of persons) who (i) is the target of a sanctions regime in any jurisdiction (including without limitation a person or an entity that has been designated under regulations 5 and/or 6 of the Russia (Sanctions) (EU Exit) Regulations 2019) or has been included on the sanctions lists published by the UN Security Council Sanctions Committee, the UK Foreign Commonwealth & Development Office, the European Commission Financial Stability Financial Services, HM Treasury, the Office of Financial Sanctions Implementation and Capital Markets Union, the US Office of Foreign Assets Control, and/or the United Arab Emirates or (ii) is a terrorist, a member of a foreign terrorist organization, a member of an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker or any other similar designation or (iii) is owned or Controlled (directly or indirectly) by, or acting for or on behalf of, countries targeted by the Sanctions;
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 by a third party;
Funds means any funds received from the Member and/or the Passenger and which are within Victor’s possession or control;
Handling Charge means the charge imposed by Victor in consideration for its role as intermediary in securing the Itinerary through the Victor Platform, being the equivalent of 10% of the costs charged by Operator;
Indemnitee means Victor, any company within the Victor group or affiliated to it, and, their officers, directors, shareholders, employees, agents, and subcontractors;
Itinerary means the flight or series of flights booked through the Victor Platform and shall include places of departure, places of destination, any stopping points and any departure and arrival times;
Laws means any laws, statutes, regulations, and codes relating to (a) anti-bribery, anti-corruption, anti-money laundering, terrorist financing, unfair and prohibited business practices (including but not limited to, the UK Bribery Act 2010, Sanctions and Anti-Money Laundering Act 2018 and the US Foreign Corrupt Practices Act), the Russia (Sanctions) (EU Exit) Regulations 2019 (in each case as amended from time to time) and/or (b) the Sanctions;
Member means any person registered with Victor and so entitled to utilise the Victor Platform;
Member Conditions shall mean these Fly Victor Terms & Conditions;
Operator means the third party independent licensed air transport undertaking that is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation;
Operator’s Terms means the terms pursuant to which the Aircraft is made available to a Member for the performance of the Itinerary;
Passenger means any person other than cabin or flight crew travelling on an Aircraft booked by a Member through the Victor Platform;
Parties means, as the context may require, Victor, Members and Passengers;
Russian Citizen means a citizen of Russia (which shall include without limitation any person who holds a Russian passport, whether or not they also hold a passport issued by another jurisdiction);
Sanctions means the political economic or trade restrictions (including without limitation travel bans) which have been implemented against target countries, groups and individuals by the relevant sanctions authorities, including, inter alia, the UN Security Council Sanctions Committee, the UK Foreign, Commonwealth & Development Office, the European Commission, Financial Stability, Financial Services and Capital Markets Union, the HM Treasury and the Office of Financial Sanctions Implementation, the US Office of Foreign Assets Control, and the UAE government.;
Supplementary Invoice means an invoice for any costs, charges or expenses which arise out of the performance of the Itinerary but fall outside the scope of the Charter Price;
Victor means Fly Victor Limited (a company incorporated in England and Wales with company number 07115927) and/or Fly Victor Inc (a company incorporated in Delaware, USA with company number C3667099) and/or Fly Victor Aviation – L.L.C. – O.P.C. (a company incorporated in the United Arab Emirates as per commercial license CN-2771041) and/or any holding company (as defined in section 1159 of the Companies Act 2006) of any of them;
Victor Platform means the aircraft charter brokerage platform available at www.flyvictor.com, by telephone, email and through the Victor app, by which Victor makes certain information, reservation, payment and scheduling services available to Members in relation to their charter of aircraft from third party Operators.