Terms & Conditions
Please read these Terms and Conditions carefully before engaging Nowhere Average Jets for any charter brokerage service. By requesting a quote, confirming a booking, or making any payment to Nowhere Average Caelum Management Limited, you agree to be bound by these Terms in their entirety. If you do not agree to any provision of these Terms, do not proceed with a booking.
Definitions & Interpretation
In these Terms and Conditions, the following terms have the meanings set out below unless the context requires otherwise:
| NAJ / We / Us | Nowhere Average Caelum Management Limited, a company registered under the laws of the Federal Republic of Nigeria, operating the private aviation brokerage platform at nowhereaveragejets.com. |
| Client / You | Any individual, company, corporate entity, or representative thereof who requests a quote, confirms a booking, or makes payment to NAJ for charter brokerage services. |
| Operator | The independently licensed air carrier, aircraft operator, or charter company that owns, operates, or has operational control of the aircraft used to carry out a flight arranged through NAJ. |
| Aircraft | Any fixed-wing aircraft, turboprop, or jet aircraft sourced and arranged by NAJ on behalf of the Client for the purpose of private air travel. |
| Booking | A confirmed charter arrangement between NAJ and the Client, evidenced by NAJ issuing a formal booking confirmation and the Client remitting the required deposit or full payment. |
| Booking Confirmation | A written document issued by NAJ confirming the agreed flight details, aircraft, operator, pricing, and payment schedule for a specific charter. |
| Charter Agreement | The contractual arrangement between the Client and the Operator governing the actual carriage of passengers, as distinct from NAJ's brokerage agreement with the Client. |
| Brokerage Fee | NAJ's advisory and sourcing fee, disclosed in every quote, representing compensation for sourcing, negotiating, managing, and administering the charter arrangement on behalf of the Client. |
| Force Majeure | Any event beyond the reasonable control of NAJ or the Operator including but not limited to acts of God, war, terrorism, pandemic, airspace closures, regulatory action, extreme weather, or industrial action. |
| Services | All private aviation brokerage, advisory, sourcing, permit management, and related services provided by NAJ to the Client. |
Nature of NAJ's Services
2.1 Brokerage Only
NAJ operates exclusively as an aviation charter broker and advisory firm. NAJ does not own, operate, maintain, or have operational control of any aircraft. All flights arranged through NAJ are operated by independent third-party Operators who hold the applicable Air Operator Certificates (AOC) issued by the relevant civil aviation authority.
2.2 Relationship Between Parties
NAJ acts as agent for the Client in sourcing and negotiating charter arrangements. The contract of carriage — being the legal agreement under which passengers are carried — exists between the Client and the Operator, not between the Client and NAJ. NAJ is not a party to the contract of carriage.
Important: As NAJ does not operate aircraft, NAJ's liability for events occurring during a flight — including delays, diversions, mechanical failures, injuries, or fatalities — is limited as set out in Section 8 of these Terms. The Operator's own terms and conditions and applicable aviation law govern the contract of carriage.
2.3 Operator Independence
All Operators engaged by NAJ hold the certifications and approvals required by applicable law for the operation of commercial air transport. NAJ conducts reasonable due diligence on Operator safety certifications prior to engagement. However, NAJ makes no warranty or representation regarding the Operator's continued compliance with applicable regulations, airworthiness standards, or safety management practices after the date of NAJ's diligence review.
2.4 Indicative Pricing
All prices, estimates, and indicative ranges provided by NAJ prior to a confirmed Booking Confirmation are indicative only and subject to change. Confirmed pricing is binding only once a Booking Confirmation has been issued in writing and the required deposit received and cleared by NAJ.
Bookings & Confirmation
3.1 Booking Process
A booking is initiated when the Client requests a quote from NAJ. NAJ will source available aircraft and provide a written quote including the aircraft type, operator, flight schedule, and total price. No booking exists until NAJ has issued a Booking Confirmation and the required deposit has been received and cleared.
3.2 Booking Confirmation
Upon the Client confirming acceptance of a quote and remitting the required deposit, NAJ will issue a formal Booking Confirmation setting out:
- Flight routing, date, and schedule
- Aircraft type and registration
- Operator name and contact details
- Total price, deposit paid, and balance due
- Cancellation and modification terms
- Any special requirements confirmed
3.3 Aircraft Substitution
NAJ reserves the right, and the Operator may exercise the right, to substitute the confirmed aircraft with an aircraft of equivalent or superior class and capacity in the event of unserviceability, regulatory requirements, or operational necessity. NAJ will notify the Client of any proposed substitution as soon as practicable. If the substitute aircraft is materially inferior in class or capacity to the confirmed aircraft, the Client may cancel without penalty.
3.4 Permit Requirements
NAJ manages all overflight permits, landing permits, and slot applications as part of the standard booking service. The Client is responsible for ensuring that all passengers hold valid travel documents, visas, and health documentation required for each leg of the journey. NAJ is not responsible for delays or denials of entry arising from passenger documentation failures.
3.5 Passenger Manifest
The Client must provide full passenger names, nationalities, and passport details for all passengers at least 48 hours before departure to allow permit filing and manifest preparation. Failure to provide complete manifest information may result in delays or permit failures for which NAJ bears no liability.
Payment & Fees
4.1 Deposit
A non-refundable deposit of thirty percent (30%) of the total confirmed charter price is required to secure the aircraft and initiate permit applications. No aircraft will be reserved, and no permits will be filed, until the deposit has been received and cleared in NAJ's account.
4.2 Balance Payment
The remaining balance of seventy percent (70%) of the total confirmed charter price is due no later than seven (7) calendar days prior to the scheduled departure date. For bookings confirmed within seven (7) days of departure, full payment is required immediately upon Booking Confirmation.
4.3 Payment Method
All payments must be made by bank wire transfer in United States Dollars (USD), Euros (EUR), or Pounds Sterling (GBP) to the account of Nowhere Average Caelum Management Limited at Zenith Bank. Full wire transfer details are provided in the Booking Confirmation. NAJ does not accept cash, cryptocurrency, or any other form of payment unless expressly agreed in writing.
4.4 Brokerage Fee
NAJ's brokerage and advisory fee is included within the total price stated in every quote and Booking Confirmation. The fee is not charged separately unless otherwise agreed in writing. NAJ does not accept commissions, referral fees, or any other remuneration from Operators in connection with bookings made on behalf of Clients — NAJ's fee is paid solely by the Client.
4.5 Fuel Surcharges
All quotes are based on jet fuel prices prevailing at the date of quotation. If jet fuel prices increase by more than three percent (3%) between the date of the quote and the date of operation, the Operator reserves the right to apply a fuel surcharge. NAJ will communicate any proposed surcharge to the Client before the balance payment is due. The Client may cancel without penalty if a surcharge increases the total price by more than five percent (5%).
4.6 Taxes and Duties
Unless expressly stated otherwise, quoted prices are exclusive of any applicable value-added tax, customs duties, airport taxes, passenger facility charges, or any other government-imposed levies. Where such taxes are applicable, they will be itemised separately in the Booking Confirmation.
4.7 Late Payment
If the balance payment is not received by NAJ by the due date, NAJ reserves the right to cancel the booking and apply the cancellation charges set out in Section 5. NAJ will provide written notice of late payment before exercising this right.
Cancellation & Modification
5.1 Cancellation by the Client
Once a Booking Confirmation has been issued and the deposit paid, cancellation by the Client is subject to the following charges, calculated as a percentage of the total confirmed charter price:
- More than 40 days before departure: Deposit only — 30% of total price retained
- 21 to 40 days before departure: 40% of total charter price
- 8 to 20 days before departure: 60% of total charter price
- 4 to 7 days before departure: 80% of total charter price
- 72 hours or less before departure: 100% of total charter price
Any delay exceeding six (6) hours constitutes a cancellation unless otherwise agreed in writing with the Operator prior to the scheduled departure time. In the event of passenger no-show at the agreed departure time without prior notification, the full charter price is forfeited.
5.2 Cancellation by NAJ or the Operator
If NAJ or the Operator cancels a confirmed booking for reasons not attributable to the Client, Force Majeure, or circumstances beyond the Operator's reasonable control, NAJ will provide a full refund of all amounts paid by the Client within fourteen (14) business days of the cancellation. NAJ's liability in such circumstances is limited to the refund of amounts paid and does not extend to consequential losses including but not limited to accommodation, connecting flights, or business losses.
5.3 Force Majeure Cancellation
Neither NAJ nor the Operator will be liable for cancellations or delays arising from Force Majeure events. In the event of a Force Majeure cancellation, NAJ will endeavour to reschedule the flight at no additional charge to the Client where reasonably practicable. Refunds in Force Majeure circumstances are at the Operator's discretion and subject to the Operator's applicable terms.
5.4 Modifications
Requests to modify a confirmed booking — including changes to date, route, or passenger count — are subject to availability and may incur additional charges. Modification requests must be submitted to NAJ in writing. NAJ will advise the Client of any additional cost before implementing the modification. NAJ cannot guarantee that modifications will be accommodated on short notice.
5.5 Refund Processing
Where a refund is payable under these Terms, NAJ will process the refund within fourteen (14) business days of the trigger event. Refunds will be issued in the same currency and to the same account from which the original payment was made. NAJ is not responsible for bank transfer charges or currency conversion losses incurred in the refund process.
Flight Operations
6.1 Pilot-in-Command Authority
The Pilot-in-Command has absolute authority over the aircraft, its passengers, and all decisions relating to the safety of the flight under applicable aviation law. The Client and all passengers must comply with all lawful instructions given by the Pilot-in-Command and crew at all times. NAJ has no authority to override any decision made by the Pilot-in-Command in the interests of safety.
6.2 Departure Times
Scheduled departure times in the Booking Confirmation include a standard buffer for pre-flight preparation. The Operator will endeavour to depart at the scheduled time but cannot guarantee punctuality due to air traffic control requirements, weather, or regulatory compliance. NAJ is not liable for delays arising from factors beyond the Operator's reasonable control.
6.3 Route and Altitude
The Pilot-in-Command and the Operator may modify the filed flight route, altitude, or destination in the interests of safety, air traffic control compliance, or weather avoidance without prior notification to the Client. Where a diversion to an alternate destination is required, the Client is responsible for any additional costs arising from the diversion including ground transport, accommodation, and any subsequent repositioning flight.
6.4 Catering
In-flight catering is not included in the base charter price unless expressly stated in the Booking Confirmation. Catering requirements must be specified at the time of booking or no later than 48 hours before departure. NAJ will source catering through the Operator's preferred suppliers. NAJ cannot guarantee specific dietary requirements will be met unless confirmed in writing by the Operator.
6.5 Prohibited Items
All applicable aviation security regulations regarding prohibited items apply to private charter flights. The Client is responsible for ensuring that no passenger carries any item prohibited under the aviation laws of the departure, overflight, or destination country. NAJ and the Operator reserve the right to refuse carriage of any item or passenger deemed a safety or security risk without refund.
6.6 Non-Smoking
All aircraft arranged through NAJ are strictly non-smoking, including the use of electronic cigarettes and vaping devices, throughout the flight and on the ramp. Breach of this policy may result in immediate termination of the flight and forfeiture of all amounts paid.
Passengers & Conduct
7.1 Client Responsibility
The Client is responsible for the conduct of all passengers travelling on a charter arranged through NAJ. Where the Client is a company or corporate entity, the signatory to the Booking Confirmation accepts personal liability for payment obligations alongside the company as co-principal debtor.
7.2 Passenger Documentation
All passengers must hold valid passports and any visas, health certificates, or entry permits required for the departure, transit, and destination countries. NAJ is not responsible for verifying passenger travel documentation and accepts no liability for denied boarding, delayed departure, or refused entry arising from documentation failures.
7.3 Right to Refuse Carriage
The Operator, through the Pilot-in-Command, reserves the right to refuse carriage to any passenger who:
- Appears to be under the influence of alcohol or controlled substances
- Displays threatening, abusive, or disruptive behaviour toward crew or other passengers
- Fails to comply with crew instructions or security requirements
- Presents documentation that appears invalid or fraudulent
- Poses a safety or security risk in the reasonable judgment of the Pilot-in-Command
Refusal of carriage on any of the above grounds does not entitle the Client to a refund of any amounts paid.
7.4 Baggage
Baggage allowances vary by aircraft type and are specified in the Booking Confirmation. The Client must declare oversized, heavy, or unusual items at the time of booking. The Operator may refuse to carry undeclared baggage that compromises aircraft weight and balance or safety. Excess baggage charges, where applicable, will be billed to the Client.
7.5 Minors
Passengers under the age of 18 must be accompanied by a parent or legal guardian unless the Operator has confirmed in writing that unaccompanied minor services are available for the specific flight. Requirements for unaccompanied minors vary by jurisdiction and must be confirmed with NAJ at the time of booking.
7.6 Passengers with Reduced Mobility or Medical Requirements
Passengers with reduced mobility, significant medical conditions, or who require medical equipment on board must notify NAJ at the time of booking. NAJ will confirm with the Operator whether the aircraft and crew can accommodate the stated requirements. NAJ cannot guarantee that all aircraft are suitable for all medical or mobility requirements.
Limitation of Liability
8.1 NAJ's Role
As a pure brokerage and advisory firm with no operational control over any aircraft, NAJ's liability is limited to the performance of its brokerage obligations — namely, sourcing a suitable aircraft, negotiating the charter arrangement, and managing administrative processes on the Client's behalf.
8.2 Exclusion of Consequential Loss
To the fullest extent permitted by applicable law, NAJ excludes all liability for any indirect, consequential, special, or incidental loss or damage arising out of or in connection with the Services, including but not limited to:
- Loss of revenue, profit, or business opportunity
- Cost of alternative travel arrangements
- Accommodation, ground transport, or connecting travel costs arising from delays or cancellations
- Losses arising from Operator insolvency or suspension of operations
- Data loss or system failures
8.3 Maximum Liability
NAJ's maximum aggregate liability to the Client for any claim arising from or in connection with the Services — whether in contract, tort, negligence, or otherwise — shall not exceed the total amount of the Brokerage Fee paid by the Client in connection with the specific booking to which the claim relates.
8.4 Operator Liability
The Operator's liability for injury, death, baggage loss or damage, and flight delays is governed by the Operator's own terms and conditions and applicable international aviation conventions including the Montreal Convention 1999, the Warsaw Convention, and any other applicable convention to which the relevant jurisdiction is a signatory. The Client should seek confirmation of the Operator's applicable liability framework from the Booking Confirmation documentation.
NAJ strongly recommends that all Clients obtain comprehensive travel insurance covering flight cancellation, delay, personal injury, baggage, and third-party liability before confirming any charter booking. NAJ does not provide or arrange insurance on behalf of Clients.
8.5 No Warranty
NAJ makes no warranty or representation, express or implied, regarding the fitness for purpose, airworthiness, comfort, amenities, or reliability of any aircraft sourced on behalf of the Client beyond the due diligence NAJ has undertaken at the time of Operator engagement. All warranties implied by statute are excluded to the fullest extent permitted by applicable law.
Data & Privacy
9.1 Data Collection
NAJ collects personal data from the Client and passengers solely for the purposes of providing the Services. This includes passenger names, passport details, contact information, and payment details. All personal data is processed in accordance with the Nigeria Data Protection Act 2023 (NDPA) and, where applicable, the General Data Protection Regulation (GDPR).
9.2 Mandatory Disclosure
The Client acknowledges that certain passenger data must be provided to Operators, civil aviation authorities, immigration authorities, and other regulatory bodies as required by applicable law. By confirming a booking, the Client consents to such disclosure on behalf of all passengers and warrants that they have obtained the consent of all passengers for such disclosure.
9.3 Data Security
NAJ maintains appropriate technical and organisational measures to protect Client and passenger data against unauthorised access, disclosure, or loss. Client payment details are not stored by NAJ beyond what is necessary for transaction processing and are never shared with third parties other than the Operator and relevant financial institutions.
9.4 Confidentiality
NAJ treats all Client and passenger information with strict confidentiality. NAJ will not disclose the identity of any Client or the details of any booking to any third party except where required by applicable law, court order, or regulatory requirement, or with the prior written consent of the Client.
9.5 Data Retention
NAJ retains Client and booking data for a minimum of seven (7) years as required by applicable financial and tax regulations. Clients may request access to, correction of, or deletion of their personal data by contacting NAJ at fly@nowhereaveragejets.com, subject to NAJ's legal retention obligations.
Intellectual Property
10.1 Ownership
All content on the nowhereaveragejets.com website, including but not limited to text, design, route intelligence, pricing data, aircraft specifications, and editorial content, is the intellectual property of Nowhere Average Caelum Management Limited or its licensors. No content may be reproduced, distributed, or adapted without NAJ's prior written consent.
10.2 Permitted Use
The Client may access and use the NAJ website and its content solely for the purposes of obtaining information about NAJ's services and making bookings. Any commercial use, redistribution, scraping, or automated data extraction from the NAJ website or its associated platforms is prohibited without express written permission.
10.3 Route Intelligence
Price estimates, route analyses, permit timelines, and market intelligence published on the NAJ website represent NAJ's proprietary research and are provided for general informational purposes only. They do not constitute confirmed pricing and may not be reproduced or redistributed in any form.
Governing Law & Disputes
11.1 Governing Law
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
11.2 Dispute Resolution
In the event of a dispute between the Client and NAJ arising from these Terms or any booking, the parties shall first attempt to resolve the dispute through good-faith negotiation. Either party may initiate this process by providing written notice of the dispute to the other party. If the dispute is not resolved within thirty (30) days of such notice, either party may refer the matter to arbitration or the courts.
11.3 Jurisdiction
Subject to Section 11.2, the parties submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria for the resolution of any dispute that cannot be resolved by negotiation. For Clients domiciled outside Nigeria, NAJ reserves the right to enforce any judgment obtained in Nigeria in the applicable foreign jurisdiction.
11.4 International Clients
For Clients based outside Nigeria, these Terms are enforceable under applicable international commercial law principles and the Client agrees that Nigerian law shall apply notwithstanding any conflict of law rules that might otherwise apply in the Client's home jurisdiction.
Amendments & Severability
12.1 Amendments
NAJ reserves the right to amend these Terms and Conditions at any time. The current version of these Terms is always available at nowhereaveragejets.com/terms-and-conditions/. Amendments take effect from the date of publication. Bookings confirmed prior to an amendment are governed by the version of these Terms in effect at the date of the Booking Confirmation.
12.2 Entire Agreement
These Terms and Conditions, together with the Booking Confirmation and any written agreements specifically incorporated by reference, constitute the entire agreement between NAJ and the Client with respect to the Services and supersede all prior representations, discussions, and agreements relating to the same subject matter.
12.3 Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.
12.4 Waiver
No failure or delay by NAJ in exercising any right under these Terms shall operate as a waiver of that right. No waiver by NAJ of any breach of these Terms shall be construed as a waiver of any subsequent breach of the same or any other provision.
12.5 Assignment
The Client may not assign, transfer, or subcontract any rights or obligations under these Terms without NAJ's prior written consent. NAJ may assign its rights and obligations under these Terms to any successor entity or as part of a business restructuring without the Client's consent, provided that the Client's rights are not materially prejudiced by such assignment.
Contact & Notices
All notices, queries, or legal correspondence relating to these Terms and Conditions should be directed to NAJ using the contact details below. Notices sent by email are deemed received upon confirmation of delivery. NAJ will acknowledge all written correspondence within five (5) business days.
These Terms and Conditions were last reviewed and updated on 1 June 2026. By proceeding with any booking after this date, you confirm that you have read and agree to these Terms in their current form.