General Terms and Conditions
TERMS & CONDITIONS
Luxaviation ONE S.A. (hereinafter “Luxaviation”) undertakes on behalf of and as broker for the charterer as specified above (the “Charterer”) to have the Aircraft operated by a third party operator (the “Operator”) subject to the terms further specified herein and in accordance with the general conditions of carriage of the Operator, and the Charterer hereby agrees to take on charter via brokerage of Luxaviation, the Aircraft as specified in this Air Charter Agreement for the routing and the schedule as specified
Catering: Standard cold catering or VIP hot catering, depending on the size and type of aircraft.
Payment terms: 100% net on the account of Luxaviation at latest 3 (three) business days prior to date of first departure of the agreed itinerary. Luxaviation may ask a down payment at the signature of the contract. Luxaviation is entitled to cancel the flight without any indemnity or penalty being due if the amounts due for cancellation by the Charterer as detailed here below are not on the account of Luxaviation within the terms specified. As such, the terms applicable in the event of cancellation by the Charterer apply as advance payment terms under this Air Charter Agreement. Consequently, the performance of the flights under the itinerary considered under this Air Charter Agreement are not guaranteed and so not confirmed in the event of non-timely payment(s) in accordance thereto, without any liability to Luxaviation.
Kindly effect payment into the following bank account:
Account Holder:
Luxaviation One S.A. BANK: JP. Morgan SE
IBAN – EUR: LU180670006550214614 SWIFT CODE: CHASLULX
Cancellation terms: for cancellation by the Charterer in percentage of the agreed Charter Price – minimum advance payments required for firm confirmation of the agreed itinerary:
– 25% if cancellation upon signature of this Air Charter Agreement;
– 50% if cancellation less than 10 days but at least 7 days before first flight;
– 75% if cancellation less than 7 days but at least 96 hours before first flight;
– 100% if cancellation less than 96 hours before first flight.
Charter Price: The Charter Price includes all direct and indirect operating costs for the performance of the routing(s) on the date(s) and time(s) specified here above, but excludes, if required or requested and unless otherwise specified herein, the costs and charges as detailed in the general conditions of carriage. For the sake of completeness, the Charter Price does not include: any changes of itinerary as listed above, aircraft de- icing (including on any positioning, de-positioning or ferry leg(s)), any fuel surcharges levied by the operator, war risk insurance costs, additional crew proceedings and any additional landings, re-routes, demurrage or flight hours plus any additional catering order, use of internet, WIFI or in-flight satellite telephone or ground transportation and royalties (if applicable). In the event that any of the foregoing costs apply, the Charterer shall pay the same to Luxaviation within 2 days of receipt of the invoice in respect thereof.
Data Privacy: The Charterer acknowledges that the processing of certain personal data of the Charterer and the passengers is mandatory for carrying out and invoicing the flight, as well as to conduct flight operations and as required by local/regional local statutory/regulatory rules and competent administrations or authorities.
The Charterer and the passengers’ personal data will be processed by Luxaviation, acting as data processor, and only where there is a legal basis to do so. In almost all cases, the legal basis will be the performance of the Air Charter
Agreement, the compliance by Luxaviation with a legal obligation, the protection of the vital interests of the passengers or another person, and where specifically mentioned or requested, the passengers’ consent to Luxaviation to use their personal data for a particular purpose.
Luxaviation is authorized to use the personal data of the Charterer and the passengers needed for the purposes of providing services, including transmitting internationally to the Operator, Luxaviation offices, authorized agents, government agencies, or other third parties when required and is authorized to retain such personal data as long as will be needed for the purposes of providing services, as long as there is a legal obligation (including for certain data the 10-year standard legal hold retention obligation applicable to Luxaviation) or business need for such data to be retained.
The Charterer shall ensure that the provisions related to personal data are agreed by the passengers. The Charterer shall also ensure that any personal data provided to Luxaviation by the Charterer or on behalf of the passengers has been collected lawfully, fairly and in a transparent manner so as to enable such personal data to be processed by Luxaviation, the Operator and any other third party for the purposes of providing services as mentioned herein.
The Charterer and the passengers have the right to request from Luxaviation access to, rectification, erasure, restriction or objection of processing or portability of their personal data. These rights can be exercised by sending an email to [email protected] or a letter to Luxaviation’s address mentioned on the company’s documents. The Charterer undertakes to timely inform the passengers of these rights, and of the potential consequences associated with exercising such rights.
Liability: that the flight is to be operated in accordance with the relevant Operator’s Standard Terms and Conditions, which are signed by Luxaviation on behalf of Charterer as Charterer agent. The Charterer accepts that Luxaviation has no responsibility for the performance or otherwise of the flight and that all liability in respect of the performance or otherwise of the flights falls upon the Operator. The Charterer shall hold Luxaviation harmless and defend and indemnify Luxaviation against any claim brought against Luxaviation by the Operator or any third party caused by any act or omission of the Charterer or any of Charterer passengers, associated parties or subcontractors.
Compliance with laws: The Charterer agrees, declares and certifies that neither the Charterer (including any entity of person that owns or control the Charterer) nor any passenger are subject to any sanctions imposed upon them by any recognized international or competent local authority including but not limited to the European Union, the United Nations, the United Kingdom, the Canada, the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Bureau of Industry and Security (BIS) of the United States Department of Commerce as well as any jurisdiction within which the Luxaviation Group operates, or to which the Aircraft is designated to fly.
Entire agreement: By signing this Air Charter Agreement, and unless otherwise specified herein, the Charterer unconditionally acknowledges and accepts:
(i) The terms and conditions set out herein;
(ii) The Operator’s Standard Terms and Conditions, which are signed by Luxaviation on behalf of Charterer as Charterer agent and which are available to the Charterer upon request.
Governing law – competent jurisdiction: This Air Charter Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with Luxembourg law and the parties hereby agree and submit to the jurisdiction of the Luxembourg courts.
In witness whereof it is agreed herewith between parties in good faith on the date as specified above.
