Business Jet Seat Sales and Booking Terms

Last updated: April 14, 2026

1. Terms and Conditions

Preamble / General Provisions

1.1. These Terms and Conditions (hereinafter the "Terms") govern the use of the MySky Private Seats (hereinafter the "Platform") operated by MySky SA, a company incorporated under the laws of Switzerland, with its registered office at Rue du Lion-d'Or 1, c/o Fibexa SA société fiduciaire, 1003 Lausanne, Switzerland (hereinafter the "Site Operator" or "MySky").

1.2. Definitions*.* For the purposes of these Terms:

(a) "MySky" or "Site Operator" means the company operating the Platform and providing the services described herein.

(b) "Aircraft Operator" or "Carrier" means the third-party licensed air carrier or aircraft operator that actually performs the flight and with whom the Passenger concludes a separate Carriage Agreement.

1.3. Scope of Service. The Platform provides digital services that connect the Passenger with third-party Aircraft Operators for the purpose of booking individual seats on pre-scheduled or on-demand Business Jet Flights (hereinafter "Seats" or "Services"). MySky is not the Aircraft Operator and does not operate any aircraft. MySky merely provides services connecting the Aircraft Operator and the Passenger. The actual carriage is performed exclusively under a separate Carriage Agreement concluded directly between the Passenger and the relevant Aircraft Operator. Access to the service and the Platform is provided exclusively by means of a simple, non-exclusive license to the software.

1.4. Acceptance. By accessing the Platform, creating a profile, or confirming a booking, You acknowledge that You have read, understood, and agree to be bound by these Terms without reservation. If You do not accept these Terms, You must refrain from using the Platform. You represent and warrant that you are of sufficient legal age and capacity to enter into legally binding agreements, including this Agreement, any aircraft charter brokerage contract and any carriage agreement (which may be entered into between you, and any Aircraft Operator). You represent and warrant that no restriction applies to you that would prevent you from entering into or performing any such agreements. You shall not use the Platform to submit requests or enter into any agreement for, in the name and/or on behalf of third parties unless you are legally authorized to do so. You expressly agree that your use of the Platform is at your sole risk and expense.

1.5. Applicable Law and Jurisdiction. This Agreement and any contractual relationship arising from the use of the Platform shall be governed by and construed in accordance with Swiss substantive law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for any disputes arising out of or in connection with these Terms or the Platform services shall be Zurich, Switzerland. For Passengers domiciled or habitually resident outside Switzerland, the exclusive place of jurisdiction for any disputes arising out of or in connection with these Terms shall be Zurich, Switzerland. For Passengers domiciled or habitually resident in Switzerland, the mandatory statutory venues provided by Article 32 of the Swiss Civil Procedure Code (CPC) shall remain available and shall not be waived by this clause. This provision is subject to mandatory statutory venues under the Swiss Civil Procedure Code or applicable international conventions (e.g., Montreal Convention 1999).

1.6. Severability. Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision.

1.7. Data Protection. The processing of Passenger personal data is governed by the separate Privacy Policy, which forms an integral part of these Terms and complies with the Swiss Federal Act on Data Protection (FADP).

1.8. Non-Carrier and Connection-Only Role. MySky is not and shall not under any circumstances be classified as the Aircraft Operator, air carrier, principal, or contractual carrier and MySky shall not bear any obligation or liability in relation thereto (in particular for any injury, damage, death, loss, accident or delay due to any action or omission of the Aircraft Operators or any other third parties or occurring out of or in connection with the carriage agreements and/or the flights (or any related services), whether incurred by the Aircraft Operator or by the passengers). MySky provides services connecting the Aircraft Operator and the Passenger. This Agreement governs solely the relationship between MySky (as provider of Platform services) and the Passenger (as user of the website services). For the avoidance of doubt, no Carriage Agreement exists between MySky and the Passenger. The parties expressly exclude any interpretation or recharacterization of this agreement as creating any direct carriage, principal, or operator relationship. MySky acts exclusively as a facilitator of the connection.

1.9. Grant of Software License. Access to the service is provided by means of a simple, non-exclusive license to the software comprising the Platform. MySky hereby grants the Passenger a limited, simple, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Platform and its underlying software solely for the purpose of viewing, searching and requesting bookings of Seats in accordance with these Terms. This license does not confer any ownership rights or intellectual property rights in the software or Platform and does not create or imply any carrier, principal, or operator relationship.

2. Nature of the Service and Booking Process

2.1. Facilitator Role. MySky acts solely as the Site Operator providing a digital marketplace and connection service. MySky is not an Aircraft Operator. Any booking request submitted via the Platform results in the Passenger being connected with the selected Aircraft Operator, with whom the Passenger enters into a separate Carriage Agreement. The Passenger’s access to and use of the Platform occurs exclusively under the simple, non-exclusive software license granted in clause 1.9.

2.2. Formation of Contract. The display of Seats on the Platform constitutes a non-binding invitation to treat. No binding Carriage Agreement is formed with MySky. A separate Carriage Agreement is formed solely between the Passenger and the Aircraft Operator upon:

(a) The Passenger submitting a complete booking request via the Platform interface;

(b) The Passenger receiving an explicit Booking Confirmation (electronic or written) from the Aircraft Operator referencing a unique booking reference (PNR); and

2.3. Aircraft Operator's Terms. The carriage of Passengers and baggage is subject exclusively to the General Conditions of Carriage of the Aircraft Operator (incorporated herein by reference and available on the Aircraft Operator’s website). In the event of any conflict regarding the actual flight operation (e.g., denied boarding, delay, baggage liability), the Aircraft Operator’s Conditions of Carriage shall prevail. MySky has no liability or responsibility for the performance of the carriage.

2.4. Changes and Cancellation. Seats are subject to specific, strict cancellation and change policies which differ significantly from commercial airline tickets. Unless a Flexible Fare is explicitly purchased, Seats are non-refundable and non-changeable. Any request for modification or cancellation must be submitted in writing to the Platform support team and is subject to the specific fare rules of the booked Seat and the Aircraft Operator’s conditions.

3. User Account and Security

3.1. Registration. To complete a booking, Passengers must provide accurate personal including full legal name (matching valid travel identification), contact details, and any required documentation (Passport, Visa) necessary for the flight manifest.

3.2. Confidentiality. The Passenger is solely responsible for maintaining the confidentiality of their account credentials. MySky shall not be liable for any loss or damage arising from the Passenger’s failure to secure their account against unauthorized access.

3.3. Passenger Data Manifest. The Passenger acknowledges that due to the nature of private aviation, passenger data (full name, date of birth, nationality, travel document details) must be transmitted securely to the Aircraft Operator and relevant Customs and Border Protection authorities (API/PNR data) prior to departure. Failure to provide accurate data resulting in denied boarding is the sole responsibility of the Passenger.

4. Liability and Warranties

4.1. MySky Liability. MySky’s liability is strictly limited to the provision of Platform services and the exercise of due care in connecting the Passenger with licensed Aircraft Operators. MySky assumes no liability for the carriage itself, which remains exclusively with the Aircraft Operator under the separate Carriage Agreement. Notwithstanding any provision of this Agreement to the contrary, under no circumstances shall either party be liable to the other for any punitive, exemplary or other special damages or for any indirect, incidental or consequential damages arising under or relating to this Agreement or the subject matter hereof. Except in cases of gross negligence or willful misconduct (where liability is mandatory under Article 100 of the Swiss Code of Obligations), neither party shall be liable to the other for any punitive, exemplary or other special damages or for any indirect, incidental or consequential damages arising under or relating to this Agreement or the subject matter hereof. This section shall survive any termination or expiration of this Agreement for any reason.

4.2. Disclaimer of Warranties and Exclusion of Liability. To the fullest extent permitted by Swiss law, any information of any kind whatsoever which is provided in, or accessible through, the Platform is provided or accessible for information only and MySky does not guarantee the absolute accuracy or uninterrupted availability of the Platform. However, MySky shall exercise reasonable care in the selection and presentation of flight data and shall not disclaim liability for gross negligence or willful misconduct in the provision of such information. In particular, without prejudice to the Passenger's rights under Article 8 of the Swiss Federal Act against Unfair Competition (UCA), no warranty is made regarding:

the accuracy, topicality, reliability, correctness, completeness or quality of any such information;
the handling and/or acceptance of any request;
the entry into any aircraft charter brokerage contract or carriage agreement between you and any Aircraft Operator;
the availability of services through the Platform; and/or
the fact that the Platform will be accessible, functioning and/or error-free.
Schedule changes, delays, or cancellations of the flight operated by the Aircraft Operator
The type, size, or configuration of the specific aircraft tail number assigned (unless guaranteed in writing by the Aircraft Operator).
The denial of boarding due to security, immigration, or health regulations of the departure, destination, or overflight states.
Any aspect of the actual flight performance or aircraft charter brokerage contract or carriage agreement between you and any Aircraft Operator;

4.3. Indemnification. You (passenger) shall indemnify, defend and hold harmless MySky, its affiliates, and their respective directors, officers, employees, partners, contractors or agents, from an against all claims, demands, suits, actions or other proceedings brought by third parties (“Claims”), and from and against all damages, payments made in settlement, and other liability payable to such third parties, and all costs and expenses incurred (including without limitation reasonable attorneys’ fees and expenses), as a result of such Claims (collectively, “Losses”), to the extent such Claims arise out of or are or were caused by the your negligence or willful misconduct. Your obligations under this Section shall not apply to Claims or Losses to the extent such Claims or Losses result from, arise out of or are caused by the willful misconduct or negligence of MySky. This Section shall survive any termination or expiration of this Agreement for any reason.

4.4. Passenger Conduct. The Passenger acknowledges that boarding a private jet terminal (FBO) and the aircraft is subject to strict security and safety protocols. MySky reserves the right to refuse access to the Platform or cancel a booking facilitation with immediate effect if the Passenger provides false information or is deemed a security or safety risk.

4.5. Termination. Your access to all or part of the Platform may be suspended by MySky at any time in its sole discretion, with or without notice and with or without reason.

4.6. Third-Party Software and Add-Ons. The Passenger acknowledges that the Platform utilizes various software and third-party add-ons. MySky assumes no responsibility and expressly disclaims all liability for the functionality, security, availability, or performance of any software, API, or component developed or maintained by third-party developers. Any claims or issues arising from the use of such third-party components shall be governed by the applicable terms and conditions of the respective third-party provider.

5. Price and Payment

5.1. Currency and VAT. All prices are displayed and payable in Euro (EUR) or in another currency chosen by You from the available currencies.

5.2. Payment Processing. Payment shall be processed via secure third-party payment gateways. MySky does not store full credit card details and acts solely as a facilitator of the payment process on behalf of the Aircraft Operator.

6. Intellectual Property

6.1***.*** All content, software, and data compilations on the Platform are the exclusive property of MySky or its licensors and are protected by Swiss and international copyright and trademark laws. Subject to the simple, non-exclusive software license expressly granted in clause 1.9, no license or right is granted to use any intellectual property for purposes beyond personal, non-commercial use of the Platform services.

7. Prohibited Items and Dangerous Goods

7.1. Compliance with Swiss and International Regulations. You acknowledge and agree that the carriage of certain items is strictly prohibited aboard the aircraft, whether in the cabin (hand baggage) or in the baggage compartment (checked baggage), pursuant to the following applicable regulations:

(a) Swiss Federal Act on Civil Aviation (LFG / SR 748.0) and its implementing ordinances, specifically the Dangerous Goods Ordinance (SDR / RSD 741.622) ;

(b) Commission Implementing Regulation (EU) 2015/1998 (Aviation Security) as adopted under the Agreement between the Swiss Confederation and the European Union on Air Transport; and

(c) The International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284) .

7.2. Inspection and Removal. The Aircraft Operator and/or the commander of the aircraft (Pilot-in-Command) reserve the right to inspect baggage and refuse carriage of any item deemed to be in violation of this Clause 7 or which poses a risk to the safety of the aircraft, crew, or passengers.

7.3. Consequences of Non-Compliance.

(a) Refusal of Carriage: If a prohibited item is discovered prior to departure, you shall be denied boarding without entitlement to a refund of the Seat price.

(b) Disposal or Forwarding: If a prohibited item is discovered during security screening or at the aircraft, the Aircraft Operator may, at its sole discretion, either: (i) require you to immediately remove and dispose of the item; or (ii) arrange for the item to be shipped to your final destination at your sole cost and expense, provided such shipment is lawful under applicable dangerous goods regulations.

(c) Liability: You shall indemnify and hold harmless the Aircraft Operator and MySky (as Site Operator) from any loss, damage, fine, penalty, or delay arising from yours breach of this Clause 7.

7.4. Export Controls and Sanctions.

(a) You represent and warrant MySky that no baggage or cargo contains any goods, technology, software, or funds that would violate applicable Swiss export control laws (including the Federal Act on the Control of Dual-Use Goods, SR 946.202), Swiss sanctions ordinances (Embargo Act, SR 946.231), or sanctions imposed by the United Nations.

(b) You represent and warrant MySky that the carriage of items in violation of export controls or sanctions may result in mandatory reporting to the Swiss State Secretariat for Economic Affairs (SECO) and/or criminal prosecution.

7.5. Further Information. For a comprehensive overview of items restricted or prohibited in air travel, you are advised to consult the official website of the Swiss Federal Office of Civil Aviation (FOCA / BAZL) at www.bazl.admin.ch (Dangerous Goods section) or the Aircraft Operator's General Conditions of Carriage. Note: The U.S. Transportation Security Administration (TSA) list is not applicable to flights operated under Swiss jurisdiction.

8. Amendment of Terms

8.1. MySky reserves the right to amend these Terms at any time. The current version of the Terms is published on the Platform. Continued use of the Platform or facilitation of a booking after the effective date of the revised Terms constitutes acceptance of the revised Terms.