Terms and Conditions
1. ABOUT FIXER AVIATION
These Terms and Conditions ("Terms") govern access to and use of the Fixer Aviation website, digital platform, databases, software, applications and related services (collectively, the "Platform").
The Platform is operated within the Fixer Aviation group, which includes entities established in Türkiye and the United Kingdom (each a "Group Entity").
The applicable contracting entity for a given Subscriber shall be the Group Entity identified at registration, on the relevant order form, subscription confirmation or invoice, determined by reference to the Subscriber's registered business address and the entity issuing the invoice for the relevant service. Where two or more Group Entities jointly determine the purposes of processing personal data collected through the Platform, they shall be joint controllers for that processing, and the identity of the relevant controller(s) for a given activity is set out in the Privacy Policy.
Fixer Aviation – Türkiye
Fixer Aviation Ltd.
Maslak 42 Building No: 212
Sarıyer, Istanbul
Türkiye
Email: info@fixeraviation.com
Fixer Aviation – United Kingdom
Fixer Aviation Limited
Company Number: [+0212 955 5568]
Thorne House, 18 Fore Street, Langtree, EX38 8NG, UK
EX39 3BE
United Kingdom
Email: info@fixeraviation.com
For the purposes of these Terms, "Fixer Aviation", "we", "us" or "our" means the applicable Fixer Aviation Group Entity providing the relevant service.
"Subscriber", "Member" or "User" means an individual or legal entity that accesses or uses the Platform.
"Authorized User" means an employee, officer, representative or other individual duly authorized by a Subscriber to access and use the Platform on its behalf.
2. ACCEPTANCE OF THESE TERMS
By registering for an account, purchasing a membership, accessing the Platform or using any Fixer Aviation service, you confirm that:
1. you have read and understood these Terms;
2. you agree to be legally bound by them;
3. you have authority to enter into these Terms on behalf of the organization you represent, where applicable;
4. all information provided to Fixer Aviation is accurate and complete;
5. you are at least 18 years of age and have full legal capacity to enter into a binding contract; and
6. you are accessing and using the Platform for business, trade, craft or professional purposes, and not as a consumer. Accordingly, statutory consumer-protection rights (including consumer cancellation and distance-selling rights) do not apply to your use of the Platform or to these Terms, to the extent permitted by applicable law.
If you do not agree to these Terms, you must not register for, access or use the Platform.
Where an individual registers on behalf of a company, that individual represents and warrants that they have authority to bind that company to these Terms.
3. NATURE OF THE FIXER AVIATION PLATFORM
Fixer Aviation is an international B2B digital aviation marketplace and business facilitation platform.
The Platform is designed to facilitate business connections, information exchange, commercial opportunities and communication between verified aviation companies and professionals.
Depending on the relevant membership and services, the Platform may include:
• Wet Lease / ACMI;
• Aircraft Sale & Lease;
• Engine Sale & Lease;
• Charter;
• Business Jet;
• Tenders;
• aviation-related Wanted and Availability listings;
• AOG Alert functionality within the Wet Lease module;
• Priority on Listing;
• Main Page Advertising;
• Local Support;
• Legal Support;
• Tailor Made Marketing Support ("TMMS"); and
• other services introduced by Fixer Aviation from time to time.
Fixer Aviation is not, unless expressly stated in a separate written agreement:
• the owner of an aircraft or engine;
• the lessor or lessee;
• the aircraft operator;
• the charterer or charter provider;
• the seller or purchaser;
• the broker or commercial agent of either transaction party;
• the manufacturer;
• the maintenance provider; or
• a party to any transaction concluded between Subscribers.
Fixer Aviation provides a digital environment through which Subscribers may identify opportunities, communicate, submit requests, publish listings, issue tenders and submit offers.
4. NO GUARANTEE OF A TRANSACTION
Fixer Aviation does not guarantee that any listing, tender, request, offer, introduction or communication will result in:
• a sale;
• a purchase;
• a lease;
• a Wet Lease / ACMI contract;
• a Dry Lease;
• a charter;
• an engine transaction;
• a business jet transaction;
• a tender award;
• a commercial contract;
• payment;
• delivery;
• operational performance; or
• any other commercial outcome.
All transactions are entered into solely between the relevant Subscribers.
Subscribers are solely responsible for conducting their own commercial, legal, technical, financial, operational and regulatory due diligence before entering into any transaction.
5. MEMBERSHIP
Fixer Aviation may offer different membership packages, including:
• Basic
• Premium
• Premium Plus
• All-in-One Premium Plus
The features, listing allowances, module access, Add-On entitlements and other benefits applicable to each membership package shall be specified on the relevant membership page, quotation, order form or commercial agreement.
Different membership packages may provide different numbers of permitted listings, tenders, AOG Alerts and Add-On entitlements.
Fixer Aviation may modify membership packages for future subscriptions.
Changes to future packages shall not automatically alter an existing paid subscription during its current subscription period unless otherwise expressly agreed.
6. MEMBERSHIP ACTIVATION AND VERIFICATION
Membership becomes active following:
7. successful registration;
8. completion of any applicable verification process;
9. acceptance by Fixer Aviation where required; and
10. receipt of the applicable payment.
Fixer Aviation reserves the right to request supporting documentation or information before approving a membership.
Such information may include, where appropriate:
• company registration information;
• corporate website;
• company address;
• aviation certificates or licenses;
• representative identification;
• corporate email address;
• proof of authority;
• aircraft or engine documentation; and
• other information reasonably required for verification.
7. VERIFIED MEMBER STATUS
Fixer Aviation may designate a Subscriber as a Verified Member after completing its applicable verification procedures.
Verification means that Fixer Aviation has completed certain checks based on information and documentation supplied by the Subscriber or obtained from available sources.
Verification does not constitute a guarantee or representation that the Subscriber:
• is financially sound;
• will perform its contractual obligations;
• owns any listed aircraft or engine;
• has authority to sell or lease an aircraft or engine;
• has operational capability;
• holds every required aviation authorization;
• has a particular safety record;
• has sufficient insurance;
• is creditworthy; or
• will complete any transaction.
Subscribers must conduct their own due diligence before entering into any transaction.
Fixer Aviation may suspend, withdraw or remove Verified Member status if information becomes inaccurate, incomplete, outdated or subject to reasonable doubt.
8. LISTINGS AND VERIFIED / UPDATED INFORMATION
Subscribers may publish listings within the modules available to their membership.
Listings may include:
• aircraft availability;
• aircraft Wanted requirements;
• aircraft for sale;
• aircraft for lease;
• engine availability;
• engines for sale;
• engine Wanted requirements;
• charter availability;
• business jet opportunities;
• tenders; and
• other aviation-related opportunities approved by Fixer Aviation.
Fixer Aviation may review listings for completeness, accuracy, compliance, relevance and continued availability.
Fixer Aviation may request a Subscriber to update or confirm a listing.
Fixer Aviation may mark listings as verified, updated, expired, suspended or otherwise categorized according to the Platform's functionality.
A listing being reviewed, verified, approved, displayed or promoted does not constitute a guarantee by Fixer Aviation regarding the accuracy, availability, ownership, title, airworthiness, legality, technical condition, regulatory status or commercial viability of the subject of the listing.
Subscribers remain solely responsible for the accuracy and legality of their listings.
9. LISTING EXPIRATION AND REMOVAL
Fixer Aviation may remove, suspend, hide, edit, restrict or request correction of a listing where:
• the listing has expired;
• the information appears inaccurate;
• the opportunity is no longer available;
• required information has not been provided;
• the listing breaches these Terms;
• the listing may expose Fixer Aviation or another party to legal or regulatory risk;
• the Subscriber has failed to update the listing when requested; or
• Fixer Aviation reasonably considers removal necessary to protect the Platform or its users.
Fixer Aviation may also remove listings for operational, technical, commercial or security reasons.
10. WET LEASE / ACMI MODULE
The Wet Lease module may allow Subscribers to publish or search for:
• Wet Lease / ACMI availability;
• Wet Lease / ACMI Wanted requirements;
• short-term availability;
• seasonal availability;
• long-term availability;
• aircraft requirements; and
• related tenders.
Subscribers are responsible for verifying all operational, regulatory, commercial and technical requirements before entering into a Wet Lease or ACMI agreement.
Fixer Aviation does not guarantee that an aircraft advertised as available will remain available at the time of contracting.
11. AOG ALERT
AOG Alert is a functionality available within the Wet Lease module.
It is not an independent aviation emergency response service.
Where available under the Subscriber's membership package, the Subscriber may use AOG Alert to notify relevant Platform members of an urgent aircraft requirement.
The number of AOG Alert uses may be limited according to the applicable membership package.
Additional AOG Alert usage may be purchased as an Add-On where offered by Fixer Aviation.
AOG Alert is a communication and business-introduction functionality only.
Fixer Aviation does not guarantee:
• aircraft availability;
• immediate response;
• technical assistance;
• operational recovery;
• replacement aircraft;
• regulatory approval;
• completion of a transaction; or
• resolution of an AOG event.
12. AIRCRAFT SALE & LEASE
The Aircraft Sale & Lease module may include:
• aircraft for sale;
• aircraft Wanted;
• aircraft for Dry Lease (a lease of an aircraft without crew, maintenance or insurance provided by the lessor);
• aircraft Wanted for Dry Lease;
• lease opportunities;
• sale opportunities; and
• aircraft-related tenders.
Subscribers are solely responsible for conducting appropriate due diligence concerning:
• ownership and title;
• liens and encumbrances;
• registration;
• airworthiness;
• maintenance status;
• records;
• configuration;
• technical condition;
• delivery conditions;
• export and import requirements;
• sanctions;
• insurance; and
• all other relevant matters.
Fixer Aviation does not warrant any aircraft information supplied by a Subscriber.
13. ENGINE SALE & LEASE
The Engine module may include:
• engines for sale;
• engines Wanted;
• engines for lease;
• engine lease requirements;
• engine tenders; and
• related opportunities.
Subscribers are responsible for verifying all engine-related information, including where applicable:
• ownership;
• title;
• serial number;
• LLP (Life-Limited Part) status;
• cycles and hours;
• maintenance status;
• shop visit history;
• records;
• configuration;
• condition;
• location;
• availability;
• export requirements; and
• regulatory compliance.
Fixer Aviation is not responsible for the technical condition, title, availability or performance of any engine listed on the Platform.
14. CHARTER MODULE
The Charter module may allow Subscribers to publish and search for:
• passenger charter availability;
• cargo charter availability;
• seasonal charter availability;
• short-term charter opportunities;
• charter Wanted requirements;
• special flight requirements; and
• related charter tenders.
Any charter contract, quotation, flight operation or passenger/cargo transportation agreement shall be concluded directly between the relevant parties.
The relevant operator remains solely responsible for all required operational approvals, licenses, permits, insurance, aircraft, crew and regulatory requirements.
Fixer Aviation does not operate charter flights unless expressly stated in a separate written agreement.
15. BUSINESS JET MODULE
The Business Jet module may allow eligible Subscribers to publish:
• business jet charter availability;
• Empty Leg opportunities (a one-way repositioning flight offered at a reduced rate);
• aircraft for sale;
• aircraft for lease;
• short-term and long-term availability;
• business jet Wanted requirements; and
• related tenders.
Fixer Aviation does not guarantee aircraft availability, charter performance, pricing, operator suitability or completion of any transaction.
Subscribers must independently verify the operator, aircraft, regulatory status, insurance and applicable operational requirements.
16. TENDER MODULE
The Tender module allows eligible Subscribers to publish commercial requirements and invite other Subscribers to submit offers.
Tender opportunities may include, without limitation:
• Wet Lease / ACMI;
• Dry Lease;
• Aircraft Sale;
• Aircraft Purchase;
• Engine Sale;
• Engine Lease;
• Charter;
• Business Jet requirements; and
• other aviation-related commercial requirements.
A Tender issuer is responsible for:
• the accuracy of the tender;
• the requirements stated;
• the evaluation of offers;
• communication with bidders;
• selection of a bidder; and
• execution of any resulting agreement.
A bidder is responsible for the accuracy and completeness of its offer.
Submission of an offer through the Platform does not automatically create a binding contract between the parties unless the parties separately enter into a legally binding agreement.
Fixer Aviation does not determine which bidder must be selected and does not guarantee that a tender will result in a transaction.
Fixer Aviation may establish additional Tender Rules or functionality from time to time.
17. MEMBER-TO-MEMBER TRANSACTIONS
All commercial transactions between Subscribers are independent of Fixer Aviation unless Fixer Aviation expressly becomes a party under a separate written agreement.
Subscribers are responsible for negotiating and documenting their own agreements.
Such agreements may include, where relevant:
• Letter of Intent;
• NDA;
• Term Sheet;
• Aircraft Purchase Agreement;
• Aircraft Lease Agreement;
• ACMI Agreement;
• Charter Agreement;
• Engine Sale Agreement;
• Engine Lease Agreement; or
• other legally binding documentation.
Fixer Aviation does not provide any representation that a Subscriber's proposed contractual terms are suitable for a particular transaction.
18. ADD-ON SERVICES
Fixer Aviation may provide additional services ("Add-Ons"), including:
• Priority on Listing
• Advertising on the Main Page
• Local Support
• Legal Support
• Tailor Made Marketing Support (TMMS)
• Additional AOG Alert usage
• other services introduced from time to time.
Certain Add-Ons may be included within a membership package in specified quantities.
Additional quantities may also be purchased separately where available.
Add-On availability, quantity, duration and pricing shall be stated at the time of purchase.
19. PRIORITY ON LISTING
Priority on Listing may increase the visibility or position of a Subscriber's listing within relevant Platform areas.
Priority on Listing does not guarantee:
• a transaction;
• enquiries;
• offers;
• tender awards;
• sales;
• leases; or
• any other commercial result.
Fixer Aviation may determine the technical method and duration of Priority on Listing.
20. ADVERTISING ON THE MAIN PAGE
Subscribers may purchase advertising or promotional placement on the Fixer Aviation main page where available.
Advertising placement is subject to:
• available space;
• technical requirements;
• content requirements; and
• Fixer Aviation's approval.
Fixer Aviation may reject advertising content that is misleading, unlawful, inappropriate or inconsistent with the Platform.
Advertising does not constitute endorsement or certification of the advertiser or its products.
21. LOCAL SUPPORT
Local Support may provide business introduction, communication assistance or locally available support services depending on the selected package and territory.
Local Support does not constitute:
• legal representation;
• financial advice;
• regulatory certification;
• aircraft inspection;
• technical certification; or
• a guarantee of transaction completion,
unless expressly provided under a separate written agreement.
22. LEGAL SUPPORT
Where Legal Support is offered, the scope shall be defined by the relevant membership package, Add-On description or separate agreement.
Unless Fixer Aviation expressly provides legal services through a duly qualified and authorized legal professional, Legal Support shall not be interpreted as legal advice or legal representation.
Subscribers remain responsible for obtaining independent legal advice where appropriate.
23. TAILOR MADE MARKETING SUPPORT (TMMS)
TMMS is a business development and marketing support service.
Depending on the selected service, Fixer Aviation may support a Subscriber by:
• identifying relevant business contacts;
• contacting relevant aviation companies;
• promoting listings;
• communicating opportunities to relevant contacts;
• using Fixer Aviation's business network;
• supporting outreach to verified aviation contacts;
• promoting opportunities through social media; and/or
• promoting opportunities through the Fixer Aviation website.
Fixer Aviation's marketing support network may include a portfolio of 10,000+ verified aviation contacts, including relevant airline and aviation-company contacts.
The existence of such a contact portfolio does not constitute a guarantee that any particular individual or company will be contacted or respond.
TMMS does not guarantee:
• enquiries;
• offers;
• meetings;
• sales;
• leases;
• tender awards;
• contracts;
• revenue; or
• any other commercial result.
All marketing communications must comply with applicable data protection, privacy and electronic communications laws.
24. USER ACCOUNTS AND AUTHORIZED USERS
Each Subscriber is responsible for maintaining the confidentiality of its login credentials.
Login credentials must not be:
• shared with unauthorized persons;
• sold;
• transferred;
• sublicensed; or
• otherwise made available to third parties.
A Subscriber is responsible for all activity conducted through its account unless it can demonstrate unauthorized access resulting from circumstances outside its reasonable control.
Fixer Aviation may require password changes or additional security measures where reasonably necessary.
25. USER CONTENT
"User Content" means any information, document, image, photograph, logo, video, technical specification, aircraft information, engine information, listing, tender, offer or other material uploaded or submitted by a Subscriber.
The Subscriber represents and warrants that:
11. it has the right to submit the User Content;
12. the User Content is accurate to the best of its knowledge;
13. the User Content does not infringe third-party rights;
14. the User Content does not contain unlawful material; and
15. the User Content may lawfully be published on the Platform.
The Subscriber grants Fixer Aviation a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, format, distribute within the Platform, and promote the User Content — including via the Fixer Aviation website, social media channels and, where used for TMMS purposes, third-party platforms reasonably necessary to deliver the requested marketing service — for the purposes of operating and marketing the Platform. This license ends when the relevant User Content is removed from the Platform, except to the extent retained copies are reasonably required for legal, security or accounting purposes, or already disseminated to third parties prior to removal.
26. INTELLECTUAL PROPERTY
All intellectual property rights in the Platform, including:
• software;
• databases;
• website design;
• trademarks;
• logos;
• graphics;
• text;
• systems;
• interfaces;
• technology;
• databases and database structures; and
• Fixer Aviation-developed content
are owned by or licensed to Fixer Aviation.
Nothing in these Terms transfers ownership of Fixer Aviation's intellectual property to a Subscriber.
Subscribers may use the Platform only for legitimate business purposes in accordance with these Terms.
27. PROHIBITED ACTIVITIES
Users must not:
• provide intentionally false information;
• impersonate another person or company;
• publish fraudulent listings;
• manipulate listing information;
• misuse the verification system;
• submit misleading tenders;
• submit fraudulent bids;
• misuse contact information;
• scrape or harvest Platform data without written permission;
• reverse engineer the Platform;
• interfere with Platform security;
• introduce malicious software;
• attempt unauthorized access;
• resell Platform access;
• copy the database;
• use the Platform to facilitate sanctions violations;
• engage in money laundering or fraudulent activity; or
• otherwise misuse the Platform.
28. AVIATION AND REGULATORY COMPLIANCE
Each Subscriber is solely responsible for complying with all laws and regulations applicable to its activities.
Depending on the transaction, these may include:
• civil aviation regulations;
• aircraft registration requirements;
• airworthiness requirements;
• AOC requirements;
• operating permits;
• traffic rights;
• charter regulations;
• export and import controls;
• sanctions;
• anti-money laundering requirements;
• anti-bribery and corruption laws;
• competition laws;
• tax requirements;
• insurance requirements; and
• other applicable laws and regulations.
Fixer Aviation does not guarantee that a proposed transaction is legally or operationally permissible.
29. SANCTIONS AND RESTRICTED TRANSACTIONS
Subscribers must not use the Platform to facilitate transactions prohibited by applicable sanctions, embargoes, export-control rules or other applicable restrictions.
Fixer Aviation may suspend or terminate an account, listing, tender or transaction-related functionality where it reasonably suspects sanctions or regulatory concerns.
Fixer Aviation may request additional information or documentation to assess compliance.
30. DUE DILIGENCE
Subscribers are responsible for conducting appropriate due diligence before entering into a transaction.
This may include verification of:
• corporate identity;
• ownership;
• authority;
• financial standing;
• aircraft or engine ownership;
• title;
• technical status;
• regulatory status;
• sanctions status;
• insurance;
• contractual authority;
• payment capability; and
• other relevant information.
Fixer Aviation's verification process does not replace Subscriber due diligence.
31. FEES AND PAYMENT
Membership and Add-On fees are displayed or communicated before purchase.
Payments may be made through available payment methods, which may include:
• secure card payment using 3D Secure;
• bank transfer;
• IBAN transfer; and
• other payment methods introduced by Fixer Aviation.
Payment processing may involve third-party payment providers.
Fixer Aviation may require payment in advance before activating a membership or Add-On.
32. TAXES AND BANK CHARGES
Unless expressly stated otherwise, Subscribers are responsible for applicable:
• taxes;
• VAT;
• withholding taxes;
• bank charges;
• currency conversion charges; and
• payment processing charges
associated with their purchase.
Where legally required, Fixer Aviation may charge applicable taxes.
33. SUBSCRIPTION PERIOD
The subscription period shall be stated at the time of purchase.
Access to subscription features shall begin following successful payment and applicable membership approval.
At the end of the subscription period, access may expire unless the subscription is renewed.
Where automatic renewal is offered, the renewal terms shall be clearly presented before activation.
34. REFUNDS
As confirmed in Section 2, Subscribers use the Platform for business purposes and not as consumers; statutory consumer cancellation or "cooling-off" rights therefore do not apply. Subscription and Add-On fees are generally non-refundable except where otherwise expressly stated.
A refund may be provided where:
16. Fixer Aviation is unable to provide the purchased membership package;
17. Fixer Aviation rejects a membership before activation and the applicable payment has already been received;
18. the Platform is rendered materially non-functional due solely to a technical failure attributable to Fixer Aviation and the service cannot reasonably be restored; or
19. a refund is otherwise required by applicable law.
Refunds shall not ordinarily be provided because:
• a Subscriber did not use the Platform;
• a Subscriber did not receive a commercial opportunity;
• a listing did not generate enquiries;
• a tender did not result in a contract;
• a transaction did not complete; or
• a Subscriber changed its commercial plans.
35. UPGRADES
Where membership upgrades are available, the upgrade may be activated following payment of the applicable upgrade fee or price difference.
The exact treatment of unused entitlements shall be specified at the time of upgrade.
Fixer Aviation may establish separate rules for downgrades.
36. PROMOTIONAL MEMBERSHIPS
Fixer Aviation may offer promotional, complimentary or discounted memberships.
This may include the introductory offer of a complimentary Basic membership for the first 100 approved members, subject to the conditions of the applicable promotional campaign.
Promotional memberships may be subject to specific conditions.
Unless expressly stated otherwise, promotional memberships do not create a permanent entitlement to free membership.
Fixer Aviation may modify or discontinue promotional campaigns for future applicants.
37. SUSPENSION AND TERMINATION
Fixer Aviation may suspend or terminate a Subscriber's access where:
• these Terms are breached;
• payment is overdue;
• false or misleading information is supplied;
• verification cannot reasonably be completed;
• the Subscriber creates a security risk;
• unlawful activity is suspected;
• sanctions or regulatory concerns arise;
• the Platform is misused;
• the Subscriber's conduct materially harms another Member or Fixer Aviation; or
• termination is otherwise reasonably necessary to protect the Platform.
Where appropriate, Fixer Aviation may provide notice and an opportunity to remedy the breach.
Serious breaches may result in immediate suspension or termination.
38. EFFECT OF TERMINATION
Upon termination:
• Platform access may cease;
• unused membership rights may expire subject to applicable refund rights;
• active listings may be removed;
• tender access may cease;
• Add-On services may terminate; and
• User Content may be removed or retained where required for legal, security, accounting or legitimate business purposes.
Termination does not affect rights or obligations accrued before termination.
39. CONFIDENTIALITY
Subscribers must treat confidential commercial information received through the Platform as confidential.
This may include:
• tender information;
• commercial offers;
• pricing;
• aircraft availability;
• customer requirements;
• operational information;
• business contacts; and
• other information reasonably understood to be confidential.
Subscribers must not misuse confidential information or disclose it to unauthorized third parties.
40. THIRD-PARTY SERVICES AND LINKS
The Platform may contain links to third-party websites, services or applications.
Fixer Aviation does not control third-party websites and is not responsible for their:
• availability;
• content;
• privacy practices;
• security;
• accuracy; or
• commercial activities.
Use of third-party services may be subject to separate terms and privacy policies.
41. PLATFORM AVAILABILITY
The Platform is provided on an ongoing basis but Fixer Aviation does not guarantee uninterrupted or error-free availability.
The Platform may temporarily be unavailable due to:
• maintenance;
• upgrades;
• security measures;
• technical problems;
• hosting failures;
• telecommunications failures;
• third-party service failures;
• force majeure; or
• other circumstances outside Fixer Aviation's reasonable control.
42. CYBERSECURITY
Users must not attempt to compromise Platform security.
This includes:
• unauthorized access;
• penetration attempts without authorization;
• malware;
• denial-of-service attacks;
• credential theft;
• database extraction;
• automated scraping;
• malicious code; or
• other security attacks.
Fixer Aviation may report suspected unlawful activity to relevant authorities.
43. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited under applicable law.
Subject to the preceding paragraph, and to the maximum extent permitted by applicable law:
• Fixer Aviation shall not be responsible for indirect, incidental, special, consequential or loss-of-profit damages arising from: transactions between Subscribers; inaccurate User Content; aircraft or engine availability; aircraft or engine condition; charter operations; tender outcomes; failed transactions; delayed transactions; payment defaults between Subscribers; operational disruption; loss of business; loss of revenue; loss of opportunity; or third-party services; and
• Fixer Aviation's total aggregate liability to a Subscriber arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall not exceed the total fees paid by that Subscriber to Fixer Aviation in the twelve (12) months immediately preceding the event giving rise to the claim.
Any additional or different contractual limitation of liability applicable to a particular contracting entity or service may be set out in the relevant commercial agreement, and shall prevail over this Section 43 for that service to the extent of any conflict.
44. INDEMNIFICATION
To the extent permitted by applicable law, a Subscriber shall be responsible for claims, losses, liabilities, costs and reasonable expenses arising from:
• its breach of these Terms;
• inaccurate or misleading User Content;
• unlawful use of the Platform;
• infringement of third-party intellectual property rights;
• unauthorized transactions;
• regulatory violations; or
• claims arising from the Subscriber's transaction with another Subscriber.
This clause does not apply to the extent that the relevant loss is caused by Fixer Aviation's own liability that cannot lawfully be excluded.
45. DATA PROTECTION AND PRIVACY
Fixer Aviation processes personal data in accordance with applicable data protection laws.
Depending on the relevant entity, user, activity and jurisdiction, applicable laws may include:
• the UK GDPR;
• the Data Protection Act 2018;
• the Privacy and Electronic Communications Regulations;
• Türkiye's Personal Data Protection Law No. 6698 ("KVKK");
• Turkish electronic communications and commercial communication legislation; and
• other applicable privacy laws.
Where personal data is transferred between the Turkish and UK Group Entities, or otherwise outside the jurisdiction in which it was originally collected, Fixer Aviation shall rely on an appropriate legal transfer mechanism, which may include KVKK Board-approved transfer mechanisms (such as explicit consent, an undertaking, or reliance on an adequacy decision) for transfers out of Türkiye, and the UK International Data Transfer Agreement/Addendum, standard contractual clauses or an applicable adequacy regulation for transfers out of the United Kingdom.
Further information, including data retention periods and individual rights, is provided in Fixer Aviation's Privacy Policy and applicable data protection notices.
46. DIRECT MARKETING AND TMMS
Fixer Aviation may conduct B2B marketing activities in connection with the Platform and its services.
Where personal data is used for direct marketing, Fixer Aviation shall process such data in accordance with applicable data protection and electronic communications laws.
Recipients may have rights to object to direct marketing or withdraw consent where applicable.
TMMS activities may include direct business outreach to relevant aviation companies and contacts.
Fixer Aviation does not represent that all contacts within its network may lawfully be contacted through every communication channel in every jurisdiction.
Applicable consent, legitimate-interest, opt-out and other legal requirements shall be considered for the relevant marketing activity.
47. COOKIES
The Platform may use cookies and similar technologies for purposes including:
• security;
• authentication;
• functionality;
• analytics;
• performance;
• advertising; and
• marketing.
Further information shall be provided in the Fixer Aviation Cookie Policy.
48. ACCEPTABLE USE OF PLATFORM DATA
Subscribers may use information available through the Platform for legitimate business purposes.
Unless expressly authorized in writing, Subscribers must not:
• create a competing database using Platform data;
• systematically scrape Platform information;
• copy large portions of the database;
• resell Platform data;
• distribute member data;
• use member information for unrelated mass marketing; or
• otherwise exploit the Platform database commercially outside the intended use of the Platform.
49. CHANGES TO THE PLATFORM
Fixer Aviation may modify, add, remove or discontinue Platform features from time to time.
This may include changes to:
• modules;
• interface;
• search functionality;
• listing functionality;
• membership benefits;
• Add-Ons;
• Tender functionality;
• verification procedures; and
• technical requirements.
Changes shall not automatically create a right to a refund unless required by applicable law or expressly provided otherwise.
50. CHANGES TO THESE TERMS
Fixer Aviation may update these Terms from time to time.
The latest version shall be published on the Platform with the applicable effective date.
Where a change materially affects an existing Subscriber's rights or obligations, Fixer Aviation may provide additional notice where required by applicable law.
Continued use of the Platform following the effective date of revised Terms constitutes acceptance where legally permitted.
51. ASSIGNMENT
A Subscriber may not transfer or assign its account, membership or rights under these Terms without Fixer Aviation's prior written consent, except where such transfer is permitted by applicable law and agreed as part of a corporate restructuring.
Fixer Aviation may assign or transfer its rights and obligations to an affiliated company or successor entity where appropriate.
52. FORCE MAJEURE
Fixer Aviation shall not be responsible for failure or delay caused by circumstances beyond its reasonable control.
Such circumstances may include:
• natural disasters;
• war;
• terrorism;
• civil unrest;
• government action;
• sanctions;
• epidemics or pandemics;
• telecommunications failures;
• major cyber incidents;
• hosting failures;
• utility failures;
• strikes;
• transportation disruption; or
• other events beyond reasonable control.
If a force majeure event prevents Fixer Aviation from providing material Platform functionality for a continuous period exceeding sixty (60) days, either party may terminate the affected service by written notice, without further liability other than for fees already due for services rendered.
53. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable where legally possible.
The remaining provisions shall continue in full force and effect.
54. NO WAIVER
Failure by Fixer Aviation to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision later.
55. ENTIRE AGREEMENT
These Terms, together with applicable:
• Privacy Policy;
• Cookie Policy;
• Membership Terms;
• Add-On Terms;
• Tender Rules;
• TMMS Terms;
• AOG Alert Terms;
• commercial agreements; and
• other policies expressly incorporated by reference
constitute the agreement between the Subscriber and the applicable Fixer Aviation entity concerning use of the Platform.
Where a separate written agreement conflicts with these Terms, the separate agreement shall prevail for the specific service or transaction to which it relates.
56. GOVERNING LAW AND JURISDICTION
The applicable governing law and jurisdiction shall depend on the Fixer Aviation entity providing the relevant service, as identified under Section 1.
56.1 Turkish Entity
Where the contracting entity is Fixer Aviation Ltd. in Türkiye, these Terms shall be governed by the laws of the Republic of Türkiye.
Subject to mandatory applicable law, the courts and enforcement offices of Istanbul (Central) Courts and Enforcement Offices, Türkiye shall have jurisdiction.
56.2 United Kingdom Entity
Where the contracting entity is Fixer Aviation Limited, these Terms shall be governed by the laws of England and Wales, unless otherwise stated in the applicable commercial agreement.
Subject to mandatory applicable law, the courts of England and Wales shall have exclusive jurisdiction.
56.3 International Transactions
Nothing in this section shall prevent the parties to a particular transaction from agreeing to a different governing law, jurisdiction or dispute-resolution mechanism in a separate written agreement.
57. NOTICES
Formal legal notices to Fixer Aviation (including notices of breach, termination or claims) must be sent in writing to legal@fixeraviation.com and, where the Turkish entity is the contracting party, additionally to the postal address in Section 1, or to such other address as Fixer Aviation notifies in writing from time to time. Other communications with Fixer Aviation may be sent through the contact details published on the Platform or through the relevant account communication system.
Fixer Aviation may send notices to Subscribers using:
• registered email address;
• account notifications;
• Platform notifications; or
• other reasonable electronic communication methods.
Subscribers are responsible for maintaining current contact information.
58. CONTACT INFORMATION
Fixer Aviation – Türkiye
Fixer Aviation Ltd.
Maslak 42 Building No: 212
Sarıyer, Istanbul
Türkiye
Email: info@fixeraviation.com
Fixer Aviation – United Kingdom
Fixer Aviation Limited
Company Number: [+0212 955 5568]
Thorne House, 18 Fore Street, Langtree, EX38 8NG, UK
59. FINAL DISCLAIMER
Fixer Aviation provides technology, information, networking and business facilitation services.
The Platform is intended to help aviation businesses find opportunities and communicate more efficiently.
However, every Subscriber remains responsible for independently evaluating the identity, authority, financial position, technical capability, regulatory status, legal capacity and commercial reliability of every other party with whom it chooses to transact.
Fixer Aviation does not guarantee the completion, performance, profitability or success of any transaction initiated through the Platform.
By using Fixer Aviation, you acknowledge that commercial aviation transactions involve operational, regulatory, financial and contractual risks and that such risks must be assessed by the parties to each transaction.
END OF TERMS & CONDITIONS
Fixer Aviation
Where Aviation Finds Solutions.


