Terms & Conditions – Handling Request

Introduction

Please read the following terms and conditions of use carefully. They are divided into two parts – those concerning business customers and those concerning consumers. These terms apply whatever device you use to access our sites and/or services and from whatever geographic location.

Please note that in the event a business customer should pose as a consumer (for example by using a personal email address yet using the services for and on behalf of a business), then the business customer terms and conditions shall apply.

These terms and conditions cover all services developed and licensed to you or provided to you by Handling Request Limited. Third party products and services may be subject to these terms or you acknowledge that you may be required to enter a separate binding user agreement between you and the user or supplier providing third party products or services. The supplier of any third party products or services will be solely responsible for their quality, suitability, maintenance, support and availability.

In the event of any requests, disputes, queries, questions or comments regarding the terms and conditions, please email support@handlingrequest.com

Definitions

Billing Period	The time period from which payment is taken until the point at which payment is next due.
Business User	A user which operates as a business, including (but not limited to firms, companies, government entities, trusts and partnerships.
Consumer User	A user that is not a business user. i.e. a person.
Handling Agent	A user who does not fall into the aircraft operator user category. For simplicity this term is understood to include (but is not limited to) Handling Agents, Fixed Base Operators, Caterers and Fuel Suppliers. They may be business users or consumer users.
Handling Request Limited, or us, or we	Handling Request Limited, a company incorporated in Jersey with registered number 131528 whose registered office is at Hawk House, 22 Esplanade, St Helier, Jersey JE2 3QA
Includes, or including	Including without limitation.
Monthly Charge, or Service fee, or Subscription fee	The monetary amount paid each calendar month by the user in exchange for the service, paid in advance as advertised under the “pricing” page on the website.
Operator, or Aircraft Operator	A user other than a Handling Agent. The individual person or company responsible for operating an aircraft.
Post, or Upload	Any information, words, documents, data, photographs, graphics or otherwise that is entered on the website by a user.
User, Customer, or you	any third party that accesses the Website and is not either (i) employed by Handling Request Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Handling Request Limited and accessing the Website in connection with the provision of such services. Users may include but are not limited to aircraft operators and handling agents. A user may be a business user or a consumer user.
Website, or Site	the website that you are currently using, handlingrequest.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Service	The use of the website and its features (including but not limited to) submitting handling, catering, fuelling requests and quotes, submitting customs general declarations (where available), storing personal client and aircraft information.

Note:

the singular includes the plural and vice versa;
1. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
1. reference to any statutory provision includes any modification or amendment of it;
1. the headings and sub-headings do not form part of these termsand conditions

Handling Request Limited (www.handlingrequest.com)

Terms and Conditions of Use – Business Customers Only

Last updated 03 September 2020

1. This Service

The use ofwww.handlingrequest.com (Service) is provided by Handling Request Limited (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions. You acknowledge that the licence to use a Handling Request Service or product creates a binding agreement between you and Handling Request Limited.

2. Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.

3. Registration and Account Integrity

3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.

3.3 One single organisation may obtain up to 3 (three) user licenses free of charge. Any additional user licenses will be charged accordingly. Please contact us for our current additional user rates.

3.4 If for any reason you suspect that your username & password has been disclosed to or obtained by another party (including employees or representatives of your orgnaisation) you should contact us immediately. Please note that wenever contact users requesting them to confirm their username & password or other details.

3.5 It is the user’s responsibility to ensure that they are logged out, keep their password secure and change their password once a month to keep their own and their clients’ data protected and secure. The user is therefore also aware that any information submitted through their account will be assumed to have been done so by themselves. We recommend that you use different passwords for your different online accounts.

4. Pricing, Plans and Features

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product, service, subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

4.2 We reserve the right to alter all product, service subscription or plan pricing and features without notice.

4.3 The geographical area covered by the website is listed under the “Frequently Asked Questions” page. At the time of writing, reasonable coverage only exists for Europe, however this may change without notice. Please check this carefully before purchasing a subscription to ensure you have sufficient coverage for the region in which you operate.

5. Payment and Credit Control

5.1 All services are billed monthly in advance.

5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.

5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary on an automatic renewal basis.

5.4 It is a condition of use that a valid debit or credit card (or other valid payment method accepted by us) is provided at all times in order for your account or accounts to remain active.

5.5 Where a payment request is made by us and is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid payment method is added to your account or accounts. All debts must be cleared in order to continue using the service.

5.6 It is the sole responsibility of the user to cancel their subscription if they so wish, in order to avoid future charges. Monthly charges will continue to be taken until such point that the credit/debit card is no longer valid or declined and as such the account will be suspended as per clause 5.5. Failure or forgetting to cancel does not entitle the user to a refund.

5.7 When a payment has been taken, we will send you an email with an electronic copy of an invoice for your records. If for whatever reason you do not receive such an email, please contact us.

6. Cancellation Rights, Defects and Refunds

6.1 You may cancel your account or accounts at any time.

6.2 Cancellation does not entitle you to a full or partial refund for any remaining days of that billing period. Cancellation before the next payment date will cause services to cease at the end of that current billing period.

6.3 Cancellation during an initial free trial period will not incur a charge.

6.4 As this is a business-to-business transaction, no consumer right of cancellation exists.

6.5 Cancellation should be done preferably by using the facility provided within your account settings, or alternatively by sending an email to support@handlingrequest.com with the subject “Cancellation”. We will take steps within 28 days to remove your account and we will confirm via email when this is complete.

6.6 Cancellation by any other means, including (but not limited to), telephone call, fax, text or instant message is not valid.

6.7 Full or partialrefunds will be given where the product or service provided by us is found to be defective to an extent that would prevent unreasonable use of the service. All such claims for a refund will be dealt with on a case-by-case basis subject to review by us. For example a missing, incomplete or innacurate email address in our Handling Agent database would not consitute grounds for a refund. No refunds will be given for billing periods that have already passed.

6.8 Refunds will not be given where we are unable to replicate the issue or where the issue stems from the user or their equipment.

6.9 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.

6.10 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

6.11 If the user breaches these terms and conditions and their account is terminated, they shall not be entitled to any refund. If we breach these terms and conditions, the user shall be entitled to a refund of any remaining pre-paid amounts. No refunds will be given for billing periods that have already passed.

6.12 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us, causes the issue.

7. Upgrading or Downgrading Accounts

7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.

7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.

7.3 Users should backup and download their data prior to requesting a downgrade in service.

7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.

7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.

7.6 In the case of 12-month accounts (when offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.

7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

8. Trial and Offer Periods

8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

8.2 Where you are offered a free-trial period, you are merely offered a discounted or offer-period paid-for subscription at a reduced rate that subsequently converts to a subscription at one of our full standard subscription rates. First payment will be taken at the end of the free trial period and subsequent monhtly charges on that date each month going forward. Cancellation within the free trial period however, will not result in payment being taken.

8.3 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

8.4 A user may not abuse the offer of trial periods by creating a new account upon the expiry of their current trial period and/or by repeating that process. Handling Request Limited reserves the right to delete a user’s account without notice who is suspected of doing so.

8.5 These Terms and Conditions apply to all trial or offer-period accounts.

8.6 During any free trial period, you will have access to the same service level and features of at least the most basic paid-for account, but not necessarily more.

9. Technical Support

9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.

9.2 We reserve the right not to provide a full technical support service to free or trial account users.

10. Specific Service Rules

10.1 As a user you agree not to do any of the following:

1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.

2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

3. Use or harvest data provided by other users in a way that they would object to.

4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.

5. Supply or post content that is untrue, calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us. This includes as an operator submitting flights that have no intention of taking place and/or on aircraft that you do not genuinely operate, similarly as handling agent posting fake or fraudulent names, addresses or other details.

6. To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.

7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

8. Attempt to gain access to our servers or other equipment to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us. Or to do so for any other reason.

9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.

10. Copy (or use any systematic method) to copy our content (electronically or in paper form) for all, or any part of our content.

11. Republish, modify, reverse engineer, decompile, disassemble or adapt our code or content on the website or with respect to the service offered.

12. Use our service for any commercial, business or resale business.

13. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.

14. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

15. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

16. Copy, store, use or keep data of any other user other than when required to do so by law, including names, passport information, addresses, aircraft registrations, dates and other such data, nor shall users contravene any part of the Data Protection (Jersey) Law 2018.

17. Solicit other users for use of a similar service, including for or on behalf of another party.

18. Charge their customers additional fees for use of the service which would otherwise not be charged to other customers. For example, handling agents who receive a request via the website must not charge operators additional fees which they would not ordinarily charge to customers who submit their requests via other means.

10.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50.00 (FIFTY GBP) for each and every individual email or other communication sent to us, a user or third-party.

10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions. Any such breach of this section 10 shall be regarded as a “material breach” of these terms and conditions.

11. Business user’s representations, undertakings and warranties

11.1 If a user uploads content as a named business, they hereby warrant that said user is an incorporated, valid existing company or similar legal entity under the laws of its place of registration and incorporation.

11.2 The user warrants that the business is not insolvent, gone into liquidation, declared bankrupt, ceased paying its debts nor entered into reorganisation negotiations with its creditors.

11.3 The user warrants that the business owns and/or has the necessary rights and permissions to authorise us to use all trademark, patented, copyright or similar materials on the website when doing so as part of the service.

11.4 Any person that a business provides with a user account has been given the authority to use the service on behalf of that business. Similarly any person providing a business credit or debit card for use of the service warrants that he/she has full and legal authority to do so.

11.5 The user may only use the service, data and information provided through the website for the user’s internal purposes within the scope of the user’s business.

11.6 In the case of aircraft operators, the user hereby warrants that the information given to us is correct including that the aircraft registration entered is valid and relates to the aircraft operated by the user. If entered as commercially available for charter, then the user also warrants that the aircraft is operating on a valid and current Air Operator’s Certificate, Part 135 certificate or equivalent.

11.7 In the case of Handling Agents, the user hereby warrants that any information given to us is correct including that they offer the services and have the facilities that they have listed and that they have the appropriate legal permissions in place to operate and provide services at the listed airport.

11.8 All business users shall comply with all applicable laws, statutes and regulations, as well as “industry-standards” including obtaining all necessary approvals in order for them to perform their obligations under these terms and conditions.

12. Content Ownership

12.1 As a user you retain all ownership rights to content provided by you.

12.2 You warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that-party, without seeking any contribution from us.

13. Copyrighted Material

13.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

13.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.

13.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

13.4 All intellectual property rights (including copyright, patents, trademarks, whether registered or not) uploaded to the website by us shall remain property of Handling Request Limited and no person or user shall have or attempt to obtain any title to such rights.

13.5 The name and logo of Handling Request Limited, displayed on the website and elsewhere, is the property of Handling Request Limited and must not be copied, reproduced, adapted or displayed elsewhere without the expressed written consent of a director of Handling Request Limited.

13.6 Nothing in these terms and conditions shall be interpreted as implying that we have any ownership, license or other interest over any user’s intellectual property including a user’s logo and photographs. Handling Request may however only create derivative works of a user’s submission so as to hide unique identifying information such as removing the aircraft registration from a user uploaded photograph.

14. Content Monitoring

14.1 Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. You agree that Handling Request Limited is not responsible for examining or evaluating the content or its accuracy, completeness, timeliness, validity, copyright compliance, quality, legality and does not warrant and will not have any liability or responsibility for any third-party materials, services or websites. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

14.2 We make no representation that third party materials are appropriate or available for use for any particular aircraft type or geographic location. Accessing services and materials of third parties are done at your own risk and you are responsible for compliance with any applicable laws and regulations.

14.3 You must not post any content on our site that constitutes a breach of confidence, breaches any other terms in this document, or is in our opinion inappropriate for inclusion on the website.

14.4 Any content that a user submits, you hereby grant us and our successors a perpetual, non-exclusive, royalty free and premium free transferrable licence to use all such content for all purposes that the website and our services may require (both at the time of posting and any subsequent edition of that post) anywhere in the world and to republish and permit the republication of such content anywhere else on the internet or in publication so long as doing so would not otherwise breach our privacy policy or these terms and conditions.

14.5 We endeavour to ensure (however we do not promise and we do not guarantee) that all content posted by us on the website is suitable for all age groups (unless otherwise indicated) and is free from any material that infringes any copyright or other third party intellectual property rights and is free of defamatory, misleading, misrepresentative, abusive, illegal, violent or adult material.

14.6 Any links to other websites provided on our website are there as a convenience to you. We do not endorse the products or services offered on other websites, nor are we responsible for the content of other websites.

14.7 Parts of the website contain advertising. We are not responsible in any way for ensuring that their material complies with any legal and regulatory requirements. The advertiser is solely responsible and must ensure that their material does not contain any content that is untrue, misleading, inaccurate, illegal, defamatory, obscene or threatening. The advertiser must also be aware that any content submitted for advertisement purposes will be publicly available unless such content would otherwise breach Handling Request’s privacy policy. If you are unhappy with an advertisement, you may write to us at support@handlingrequest.com.

15. Termination

15.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have posted on termination.

15.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 12 and 19.

16. Access and Backups

16.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we cannot guarantee that the service will always be available. In the event the Service is proven and judged solely by us as unavailable or functioning incorrectly either wholly or partly, we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 18.4 below.

16.2 We will endeavour to notify you where possible of any upcoming planned system changes via email or by posting on the site. We reserve the right to make the site and service unavailable from time to time in order to install new releases, to perform maintenance or to undertake activities to protect the site, the service, or the information provided through them. Scheduled maintenance is most likely to occur in the early hours of the morning (United Kingdom time) and as such, we recommend you use the service well in advance of your planned flight.

16.3 The website is intended but not guaranteed to be compatible with most operating systems. Please contact us at support@handlingrequest.com before purchasing a subscription if you are unsure whether or not your computer operating system is compatible.

16.4 You are solely responsible for backing up any content or data posted onto the website by you. We strongly recommend that you regularly and completely backup all of your content and data on the site.

17. Disclaimer

17.1 Whilst effort has been made to provide complete and accurate content, we are not responsible for any errors, omissions, fitness for purpose, nor for the accuracy of the content on the Service, (including where such content is provided by us), nor for any advertisements placed on the Service. This includes the names, categorisation, email addresses, telephone numbers and listings of handling agents (or similar) and the names, codes and locations of airports. It is ultimately the user’s responsibility to verify the authenticity of the user or third party with whom they share information with.

17.2 We are not responsible in any way for any delays, monetary loss, fines, imprisonment or other such consequence arriving as a result of use of the service including where customs notification/handling/airport slot confirmation is not properly confirmed prior to departure with the correct and legitimate authorities concerned.

17.3. The submission of any customs general declaration form(s) or similar are solely the responsibility of the user. At the time of writing, such general declaration forms are likely to only be sent to the Handling Agent concerned and are unlikely to have been sent to the appropriate Customs or Boarder Force agency. Therefore, effort should be made, where required, for the user themselves – be that an aircraft operator or Handling Agent, to ensure that the general declaration reaches the appropriate authority as required by the laws of the country in question.

17.4 Handling Request Limited is not responsible for any incorrect, incomplete or unsubmitted general declarations or failure for a user to meet other customs requirements. It is the operator’s sole responsibility to ensure that they have the correct and proper authorisations required for flight in the arrival, departure and overflown countries – including permits, airport slots, prior permission approval, visas, customs and immigration requirements.

17.5 Handling Request Limited is not responsible for any communications including handling requests, general customs declarations, or quotes that are not properly received and/or ignored by other users.

17.6 Handling Request Limited is not a broker, operator or handling agent. We are not party to transactions, contractual agreements or service offerings that may arise between our users. Users are independent consumers or businesses with their own policies and procedures. As such, we do not monitor their actions and the user bears full responsibility for the payment and performance of all arrangements and agreements entered into with other users.

17.7 These terms and conditions and the use of the site do not imply any form of partnership, joint venture, or similar relationship between us and a user. Similarly, nothing in these terms and conditions shall mean Handling Request Limited’s ownership, license rights or similar or part thereof, is assigned, sub-licensed or transferred to a user.

18. Limitation of Liability

18.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.

18.2 The user acknowledges that the service is provided solely by Handling Request Limited. Any claims against us shall be limited in full to Handling Request Limited as we are operating on an independent stand-alone basis. Any present or future group or sister company or entity shall hold no responsibility nor guarantee whatsoever to the user of this website.

18.3 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party (that is, you or Handling Request Limited), or their servants, agents or employees.

18.4 In any event our liability and that of our employees, officers and third- party partners shall be limited in any twelve month period to the total Service fees incurred by you during that twelve month period in relation to the matter subject to the liability or to a payment of £100.00 (ONE HUNDRED GBP), whichever is the greater sum.

18.5 We are not liable for any harm nor damage arising from interactions with other users on our website.

18.6 We will not be liable for any failure to perform, or delay in performance of any of our obligations under these terms and conditions that is caused by an “event outside of our control” including industrial action by third parties, epidemic, pandemic, hacker attack, software virus, civil unrest, riot, invasion, terrorist attack (or threat of terrorist attack), war (whether declared or not), threat of war, failure of public or private telecommunications network, fire, explosion, storm, flood, earthquake, subsidence, hurricane or other natural disaster. If such an event takes place that affects the performance of our obligations under these terms and conditions, we will notify you as soon as reasonably possible and our obligations under these terms and conditions will be suspended for the duration of the event that is outside of our control.

18.7 We do not assume responsibility for unavailability, interruption and/or downtime of the service caused by an “event outside of our control” including failure in the transfer of data, problems inherent in the use of communications facilities, and failures caused by the user not abiding by our instructions, policies or terms and conditions. You also agree that we shall not be reasonable for any loss or damage resulting from the user downloading any third party files, software, information, communications or other content accessed through or obtained by means of the site or service.

18.8 If you are a paying customer of Handling Request Limited and we fail to comply with these terms and conditions, we may be responsible only for loss or damage you suffer that is a direct and obvious result of our breach of these terms and conditions, or our negligence.

18.9 Handling Request Limited is not responsible for the quality or legality of the services provided by its users, or the terms and conditions of any transactions between users, regardless of whether or not we facilitated the underlying transaction and regardless of the basis of such claims. The user agrees to surrender any right it may otherwise have to claim indemnification from us in such respect.

19. Indemnity

You agree to indemnify and hold us, our directors, shareholders and subsidiaries, affiliates, data providers, partners, and their respective officers and employees harmless from any loss, fines, fees, expenses (including legal expenses), liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service (or any other service provided by us), or arising from your fault, negligence or breach of statutory duty.

20. Privacy

20.1 We take your privacy seriously. We are registered under and comply with the Data Protection (Jersey) Law 2018. Please see our “privacy policy” for more detials.

20.2 In order for us to privde the service, we must process infromation including personal data. As a user therefore, in addition to these terms and conditions, you also accept the terms contained within our privacy policy. Please note that certain parts of our website may require you to identify yourself.

21. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

22. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

23. Entire Terms & Conditions

23.1 These Terms & Conditions set out the entire agreement and understanding between you and us. These terms and conditions, along with our privacy policy replace all of any prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written by any officer, agent, employee or representative of either you or of Handling Request Limited.

23.2 We reserve the right to change these Terms & Conditions, the website and our service at any time, on giving reasonable prior notice to you. Your continued use of our services after any changes to these terms and conditions will constitute acceptance of the changes. If you do not agree to the changes, you must cancel your subscription to our services.

23.3 Please note that if you use certain services, content or software provided by third parties, you may be subject to additional terms and conditions.

24. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with Jersey (Channel Islands) law and shall be subject to the exclusive jurisdiction of the Jersey (Channel Islands) Courts. Any proceedings shall be conducted in the English language where possible. Where applicable your statutory rights are unaffected.

Handling Request Limited (www.handlingrequest.com)

Terms and Conditions of Use – Consumers Only

Last updated 03 September 2020

1. This Service

The use of www.handlingrequest.com (Service) is provided by Handling Request Limited (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions. You acknowledge that the licence to use a Handling Request Service or product creates a binding agreement between you and Handling Request Limited.

2. Eligibility

3. Registration and Account Integrity

3.2 User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts.

3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that wenever contact users requesting them to confirm their username & password or other details.

3.4 It is the user’s responsibility to ensure that they are logged out, keep their password secure and change their password once a month to keep their own and their clients’ data protected and secure. The user is therefore also aware that any information submitted through their account will be assumed to have been done so by themselves. We recommend that you use different passwords for your different online accounts.

4. Pricing, Plans and Features

4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product, service subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

4.2 We reserve the right to alter all product, service subscription or plan pricing and features without notice.

5. Payment and Credit Control

5.1 All services are billed monthly in advance.

5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.

5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary on an automatic renewal basis.

5.4 It is a condition of use that a valid debit or credit card (or other valid payment method accepted by us) is provided at all times in order for your account or accounts to remain active. You must be the named cardholder for the card provided, or have the appropriate and legal permission to use the card otherwise.

6. Cancellation Rights, Defects and Refunds

6.1 You may cancel your account or accounts at any time.

6.2 Cancellation during an initial free trial period will not incur a charge.

6.3 Cancellation should be done preferably by using the facility provided within your account settings, or alternatively by sending an email to support@handlingrequest.com with the subject “Cancellation”. We will take steps within 28 days to remove your account and we will confirm via email when this is complete.

6.4 Cancellation by any other means, including telephone call, fax, text or instant message is not valid.

6.5 As a consumer, you have a right to cancel your subscription and obtain a refund.

6.6 Where your subscription grants you immediate access to any downloadable, electronic or “softcopy” goods or other electronic services of immediate value, you waive your right to a refund.

6.7 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.

6.8 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

6.9 Once a refund is issued your subscription will be terminated or downgraded accordingly.

6.10 If the user breaches these terms and conditions and their account is terminated, they shall not be entitled to any refund. If we breach these terms and conditions, the user shall be entitled to a refund of any remaining pre-paid amounts.

6.11 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us, causes the issue that is the basis of the refund request.

7. Upgrading or Downgrading Accounts

7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.

7.3 Users should backup and download their data prior to requesting a downgrade in service.

7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.

7.6 In the case 12-month accounts (when offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.

7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

8. Trial and Offer Periods

8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

8.2 Where you are offered a free-trial period, you are merely offered a discounted or offer-period paid-for subscription at a reduced rate that subsequently converts to a subscription at one of our full standard subscription rates. Cancellation within the free trial period however, will not result in payment being taken. First payment will be taken at the end of the free trial period and subsequent monhtly charges on that date each month going forward.

8.3 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

8.4 A user may not abuse the offer of trial periods by creating a new account upon the expiry of their current trial period and/by repeating that process. Handling Request Limited reserves the right to delete a user’s account without notice who is suspected of doing so.

8.5 These Terms and Conditions apply to all trial or offer-period accounts.

8.6 During any free trial period, you will have access to the same service level and features of at least the most basic paid-for account, but not necessarily more.

9. Technical Support

9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.

9.2 We reserve the right not to provide a full technical support service to free or trial account users.

10. Specific Service Rules

10.1 As a user you agree not to do any of the following:

1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.

2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

3. Use or harvest data provided by other users in a way that they would object to.

4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.

6. To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.

8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us. Or to do so for any other reason.

9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.

10. Copy (or use any systematic method) to copy our content (electronically or in paper form) for all, or any part of our content.

11. Republish, modify, reverse engineer, decompile, disassemble or adapt our code or content on the website or with respect to the service offered.

12. Use our service for any commercial, business or resale business.

14. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

15. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

16. Copy, store, use or keep data of any other user or third party other than when required to do so by law, including names, passport information, addresses, aircraft registrations, dates and other such data, nor shall users contravene any part of the Data Protection (Jersey) Law 2018.

17. Solicit other users for use of a similar service, including for or on behalf of another party.

11. Consumer user’s representations, undertakings and warranties

11.1 In the case of aircraft operators, the user hereby warrants that the information given to us is correct including that the aircraft registration entered is valid and relates to the aircraft operated by the user. If entered as commercially available for charter, then the user also warrants that the aircraft is operating on a valid and current Air Operator’s Certificate, Part 135 certificate or equivalent.

11.2 In the case of Handling Agents, the user hereby warrants that any information given to us is correct including that they offer the services and have the facilities that they have listed and that they have the appropriate legal permissions in place to operate and provide services at the listed airport.

11.3 All users shall comply with all applicable laws, statutes and regulations, as well as “industry-standards” including obtaining all necessary approvals in order for them to perform their obligations under these terms and conditions.

12. Content Ownership

12.1 As a user you retain all ownership rights to content provided by you.

13. Copyrighted Material

13.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

13.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

14. Content Monitoring

14.3 You must not post any content on our site that constitutes a breach of confidence, breaches any other terms in this document, or is in our opinion inappropriate for inclusion on the website.

15. Termination

15.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 12 and 19.

16. Access and Backups

17. Disclaimer

17.1 Whilst effort has been made to provide complete and accurate content, we are not responsible for any errors, omissions, nor the accuracy of any content on the Service, (including where such Content is provided by us) nor any advertisements placed on the Service. This includes the names, categorisation, email addresses, telephone numbers and listings of handling agents (or similar) and the names, codes and locations of airports. It is ultimately the user’s responsibility to verify the authenticity of the user or third party with whom they share information with.

18. Limitation of Liability

18.5 We are not liable for any harm nor damage arising from interactions with other users on our website.

19. Indemnity

20. Privacy

20.1 We take your privacy seriously. We are registered under and comply with the Data Protection (Jersey) Law 2018. Please see our “privacy policy” for more detials.

21. Severability

22. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

23. Entire Terms & Conditions

23.3 Please note that if you use certain services, content or software provided by third parties, you may be subject to additional terms and conditions.

24. Jurisdiction

25. DISTANCE SELLING (JERSEY) LAW 2007

These Terms & Conditions are intended to comply with the DISTANCE SELLING (JERSEY) LAW 2007. Should these Terms & Conditions conflict with the Law, the DISTANCE SELLING (JERSEY) LAW 2007 shall prevail and apply.

26. Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

END OF TERMS AND CONDITIONS

Terms and Conditions

Information