Terms and Conditions

AIRCRAFT CHARTER TERMS AND CONDITIONS

1. Definitions

1.1 These Terms and Conditions ( hereinafter the “T&C’” or “Agreement” ) together with the Jet Luxe General Terms and Conditions of Carriage (hereinafter the “GTCCs”), and any additional terms set out in any relevant quotation  and/or Booking Confirmation (“Confirmation”) form the contractual basis for the provision of Flight Services (defined below) by Jet Luxe MENA DMCC  known here as, (“Jet Luxe”) (collectively hereinafter, the “Terms”).

1.2 The Terms are applicable for commercial transport of Passengers and/or any permitted goods and/or animals from an agreed point of departure to an ag

1.3 Point of destination as more particularly detailed in the quotation (“Flight Services”).

1.4 The contract may be concluded with (i) an end customer or (ii) an agent on behalf of an end customer (either (i) or (ii) being, as context demands, the “Client”). Where the Client executes this contract as an agent, the Client warrants (on its own behalf and as agent for the end customer) that (a) it is bound by these Terms jointly and  severally with the end customer, and (b) it has all requisite power and authority to bind the end customer. Any Client entering into this contract agrees to be held liable for any breach of the Terms by any passenger utilizing the Flight Services (“Passenger/s”) and generally for the acts and omissions of those Passengers.

“Agreement” means the aircraft contract terms and conditions signed between the Client and Jet Luxe, of which these General Conditions form an integral part. “Flight Quotation” means the agreement constituted collectively by the Flight Quotation and the Agreement, the Booking Confirmation, and the General Conditions. “Schedule time of departure” (“STD”) means the scheduled departure time of any Flight Segment, including, when applicable, the departure time of any positioning of the Aircraft for the first Flight Segment of a Trip. “ULR” means Ultra Long Range corporate jet such as Global 5000, 6000, 7500, Express; Gulfstream G450, G550, G650, G700 (GVI series), Dassault 7X, and Dassault 8X, and any other corporate jet with similar size and range.

2.0 Confirmation of Contract

2.1 The quotation issued by Jet Luxe constitutes a non‐binding offer. Only the issuance of a Confirmation (which may also be termed a “Booking Confirmation”) by Jet Luxe constitutes a binding offer which requires acceptance within the stipulated acceptance period. If such acceptance period is lapsed, Jet Luxe shall not be bound by its Confirmation.

2.2 The Flight Hours Agreement, the Charter Flight Confirmation, and these Terms collectively constitute a contract of carriage      (the “Contract”) between the Customer and the relevant Jet Luxe entity for the transportation of passengers and/or goods from the point of departure to the destination as specified in the Charter Flight Confirmation. In the event of any contradiction between these Terms and the Charter Flight Quotation, the latter shall prevail to the extent of such contradiction.

2.3 The Customer acknowledges on behalf of the passengers it represents, who will be physically present on board the relevant charter flight (the “Passengers”) and warrants its authority to give such acknowledgement on their behalf that no individual contract of carriage will exist between the Customer’s individual Passengers and Jet Luxe. This holds notwithstanding the issuance of a passenger ticket by the Customer or any other third party.

Amendments to the Contract are valid only if confirmed in writing by Jet Luxe. Therefore, the Contract shall take precedence over any and all other terms and conditions proposed by the Customer. As a result, all clauses and/or conditions appearing on letters, emails, faxes, receipts, and/or other documents issued by the Customer before or after the entry into force of the Contract shall not be binding on Jet Luxe.

2.4 The return of the Confirmation duly signed by Client, if an individual, or by an Officer of Client with authority and approval to bind Client, if a corporation, shall constitute a binding contract of carriage between Client and Jet Luxe and governed by the Terms. Such Officer and to commit the Client to the Terms. Such Officer shall, upon any breach of the Terms by the Client, become jointly and severally liable with the Client for all the Client’s representations and obligations under the Terms.

                Exclusive of Price: Jet Luxe shall issue an invoice concurrently with the issuance of the Charter Flight Confirmation. The Customer shall make payment of the price by the time specified on the invoice, but unless otherwise stated, payment shall have been received in full by Jet Luxe at the latest 72 hours from receipt of the invoice or 72 hours prior to departure, whichever is earlier. The flight will only be firmly booked once the full price has been paid, and Jet Luxe shall be under no obligation to perform flights before payment by the Customer of the full price. If the Customer fails to make any payments at the time and in the amount specified in the invoice, Jet Luxe may, by written notice, terminate the Contract with immediate effect. All payments shall be made by bank transfer to the bank account, the details of which shall be stated on the invoice, or by credit card (additional fees may apply), in full, without set-off, counterclaim, deduction, or withholding of any kind.

Furthermore, the price of the Contract excludes the following: (i) surcharges of any type including, but not limited to, surcharges on fuel, cargo, and insurance, including but not limited to war risk insurance; (ii) all airport charges; (iii) de-icing of aircraft; (iv) extra catering and special catering requests, such as but not limited to caviar and special wines or spirits; (v) special cargo requests; (vi) satellite phone and internet connection; (vii) installation of decals on aircraft fuselage; (viii) ground transportation; (ix) credit card surcharges; and (x) any other extra charges due to weather conditions, flight delays, or diverted landings as determined by Air Traffic Control or other relevant authorities. The cost of the above will be invoiced separately at cost after the flight has occurred and after receipt by Jet Luxe of the invoice from the relevant supplier or service provider and must be immediately reimbursed to Jet Luxe by the Customer. Jet Luxe reserves the right to charge a ten percent handling fee for such invoices.

3.  Performance of Flight Services

• Jet Luxe shall have the right to perform the Flight Services as contractual carrier or assign the performance of the Flight Services to a third-party actual carrier. Client and Client’s Passengers shall comply with all applicable laws, including aviation regulations, as well as the rules, policies, and practices of any third-party carrier, including their general terms and conditions of carriage (or other similarly named document), insofar as these each impose binding obligations or restrictions on Client and/or Passengers, and shall conduct themselves in an appropriate manner.

• The Flight Services will be performed pursuant to and in accordance with the Terms and the operating procedures approved by the competent authority of the contractual or the actual carrier as the case may be.

• Jet Luxe expressly reserves the right to utilize on its own account any lay over period or empty capacity the aircraft may have, including any empty legs related to the Flight Services, before, during or after the period in which the aircraft is available to the Client.

• Flight Services are planned with a set of one (1) crew (Pilot in Command, Co-pilot) subject to crew duty time and rest period restrictions by applicable duty limitation regulations.

•  Aircraft-Specific: The flights covered by this Contract are specific to the aircraft designated. Jet Luxe reserves the right at any time to provide the Customer with a similar aircraft at the same cost should the booked aircraft be unavailable for any reason. In the event that no alternative aircraft can be sourced, Jet Luxe further reserves the right to cancel any or all of the flights to be performed under the Contract. In such a case, neither party shall have any claim or liability against the other in respect of such cancelled flight(s), except for the obligation of Jet Luxe to refund to the Customer an amount equal to the payments previously made by the Customer in respect of the relevant flight(s).

4.  Included and Excluded Costs

COSTS : (i) aircraft costs, including insurance, fuel, and maintenance; (ii) air navigation fees; (iii) crew costs, including daily allowances, meals, accommodation, and ground transportation; in-flight catering; and (v) passenger and cargo insurances and taxes. The Price (as stated on the Confirmation) does include aircraft costs including crew, fuel, maintenance, air navigation, airport and handling charges, inflight Jet Luxe standard catering (depending on flight time and time of day), Passenger and baggage insurance.

The price of the Contract excludes the following: (i) surcharges of any type including, but not limited to, surcharges on fuel, cargo, and insurance, including but not limited to war risk insurance; (ii) all airport charges; (iii) de-icing of aircraft; (iv) extra catering and special catering requests, such as but not limited to caviar and special wines or spirits; (v) special cargo requests; (vi) satellite phone and internet connection; (vii) installation of decals on aircraft fuselage; (viii) ground transportation; (ix) credit card surcharges; and (x) any other extra charges due to weather conditions, flight delays, or diverted landings as determined by Air Traffic Control or other relevant authorities. The cost of the above will be invoiced separately at cost after the flight has occurred and after receipt by Jet Luxe of the invoice from the relevant supplier or service provider and must be immediately reimbursed to Jet Luxe by the Customer. Jet Luxe reserves the right to charge a ten percent handling fee for such invoices.

However, the price remains subject to industry-

related fuel prices and exchange rate fluctuations. Contract prices are calculated on the assumption of a reasonable amount of luggage per passenger. Jet Luxe reserves the right to charge additional costs for the carriage of oversized or overweight cargo or luggage.

• The following costs are not included and shall be charged separately to Client at cost, including applicable              taxes plus a handling surcharge of 10%:
  • Insurance surcharges;
  • SATCOM services;
  • Special catering requests such as, but not , to,  caviar and special wines or spirits;
  • cabotage permission costs;
  • VIP terminal, special handling, helicopter and/or limousine services;

1. any other concierge services rendered by Jet Luxe upon request by Client; and
   1. Supplemental of specialty cabin crew (beyond what is assigned), as requested by Client and/or any Passenger.
   1. In such event, Client acknowledges and agrees that if Jet Luxe has to use an enlarged or second crew, this may necessitate crew being in the cabin during the flight.
   1. Taxes if applicable will be posted separately on the quotation/invoice.

5. Payment

a. All payments due to Jet Luxe shall be made upon receipt of invoice and in cleared funds received by Jet Luxe by the payment date(s) specified by Jet Luxe on the Confirmation or otherwise in writing to the Client or (if no such date(s) are specified) by one (1) business day prior to the flight date (each, the “Due Date”), without setoff or deduction. Time for payment shall be of the essence. If the Due Date is not a business day (bank holiday or weekend) the due amount and payable amount shall be received and credited to Jet Luxe’s account on the last preceding business day. Payments are to be made at costs of  the sender in the currency to the bank account stated on the invoice.

b. Where the Client does not remit payment by the Due Date, the payment due shall be increased by three percent (3%), save in the case where the Client has made the booking within twenty-four (24) hours of the confirmed departure time. In addition, late payments shall be subject to interest at 10% of the outstanding sum per annum (pro rata) from the date due until Jet Luxe’s receipt. Jet Luxe shall not be in breach of contract if it suspends Flight Services or additional services until receipt of funds.

c. Incoming payments shall first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the interest and finally against the principal debt.

d. If the payment has still not been made after issuance of a reminder and the setting of a deadline for payment, Jet Luxe shall be entitled to withdraw from the contract of carriage and cancel the booking, subject to cancellation charges as set out in Section 8. Jet Luxe may refuse to set a payment deadline if the imminence of the departure date makes it unfeasible to stipulate a period for payment prior to departure. In such an event, Jet Luxe may withdraw from the contract of carriage and refuse performance of Flight Services subject to cancellation charges as set out in Section 8.

e. Major credit cards may be accepted. If a credit card institute or a bank refuse to honor the payment required under the contract, Jet Luxe shall levy Client with a processing charge of USD 600 in addition to any charges made by the credit card institute or the bank.

f. Currency: The price of the Contract is stated in the currency indicated on the Charter Flight Quotation, and payments shall be made in the same currency.

Client and Passenger shall be jointly and severally liable for the payment of (i) the Flight Services, (ii) taxes on, or related to the provisions of the Flight Services, (iii) any additional costs set out in the quotation, Confirmation and/or this Agreement, and (iv) the cost of any damage or losses caused as a result of the conduct of the Client and/or any Passenger (including the cost of cleaning, disinfecting or repairing an aircraft exterior and/or its cabin and furnishings).

6.  Flight Changes and Delays

a. Jet Luxe and/or the actual carrier shall endeavor to the best of their ability to ensure punctual carriage of Passengers and baggage. However, the announced flight times and/or airports are subject to reasonable changes owing to operational and technical circumstances beyond Jet Luxe’s and/or the actual carrier’s control (for example, cancellation of a landing permit). In the event of a change to an airport, Jet Luxe may select at its discretion a reasonable alternative airport for the Flight Services.

b. The Client is responsible for ensuring that Passengers arrive adequately in advance of the scheduled departure time. Jet Luxe and/or the actual carrier’s ability to satisfy any variation in the Flight Services shall always be subject to crew duty times and rest periods and the availability of additional crew.

c. Client may request a departure delay beyond any confirmed departure time. Jet Luxe shall agree to such delay if it (a) is compatible with crew duty time restrictions, applicable aviation regulations and air traffic control requirements and (b) does not impact on other clients of Jet Luxe or an affiliate (either as determined by Jet Luxe at its sole discretion). If Client delays a flight beyond the agreed departure time for any reason that is not the fault of Jet Luxe, the Flight Services shall be deemed to be cancelled by Client.

7.  Substitutions

a. Jet Luxe reserves the right, at its sole discretion, to provide Client with an equivalent or superior aircraft owned, operated or managed by Jet Luxe or an affiliate thereof (“Substitution Aircraft”).

b. In the event Jet Luxe determines that a Substitution Aircraft is not available to provide the Flight Services, Jet Luxe shall advise Client without delay and provide a revised quotation, which may include revised pricing, to arrange an alternative aircraft (“Alternative Aircraft” that is not a Substitution Aircraft. If Client agrees to (or is deemed to agree to – see below) the Alternative Aircraft, Client shall be liable for the fees and charges set forth in the original booking confirmation plus any excess fees and charges agreed to for the Alternative Aircraft.

c. Client will have the opportunity to terminate this Agreement if (i) a Substitution Aircraft is required to provide the Flight Services and Jet Luxe determines Client must pay additional costs for such Substitution Aircraft, or (ii) an Alternative Aircraft is required to provide the Flight Services, provided, however, Client must provide written notice of termination to Jet Luxe no later than (i) five (5) hours following notification, or (ii) at a later deadline if provided by Jet Luxe at its sole discretion. Failure to provide notice in the allotted time shall be deemed affirmative consent, including to associated cost.

d. For the avoidance of doubt, if an Alternative or Substitution Aircraft is required while en-route during a multi-leg Flight Service, any written termination pursuant to Section 7.3 above shall apply prospectively for all impacted legs only. All prior legs shall be governed by the original Booking Confirmation. Consequently, Jet Luxe shall refund Client a pro rata proportion of the Price relating to those legs remaining as at the time of termination.

8. Cancellation

Cancellation Fees: If after issuance of the Charter Flight Confirmation (i) a flight is cancelled by the Customer or the Passengers, (ii) the Customer requests a schedule change which Jet Luxe cannot accommodate, or (iii) Jet Luxe is prevented from performing the flight due to any act or omission of the Customer or any Passenger, then the flight shall be deemed cancelled by the Customer and unless otherwise stated in the Charter Flight Quotation, the following cancellation fee (expressed below as a percentage of the total price of the Contract) will be paid by the Customer, or retained by Jet Luxe from the amount already paid by the Customer, as the case may be: If the Client wishes to cancel any Flight or Flights subject to this Agreement, the following rates will be paid forthwith by the Client to the Intermediary as agreed compensation: 25% of the Agreed Price if cancelled after contract exchange; 50% of the Agreed Price if cancelled within 72 hours prior to Scheduled time of Departure (“STD”); 75% of the Agreed Price if cancelled 48 hours prior to STD; 100% of the Agreed Price if cancelled within 12 hours of STD. Payment should be executed and reflected in the JET LUXE account prior to STD. If a positioning flight to the point of departure is necessary, then the above cancellation fee periods will be considered from the time of cancellation to the date of departure of such positioning flight.

a. Flight Services shall be deemed cancelled by Client in the event of: (i) cancellation of any booked flight communicated by the Client to Jet Luxe in advance of the commencement of Flight Services, (ii) a delay of any Passengers and/or Client impacting the scheduled time of departure unless specifically agreed by Jet Luxe in advance in writing at its sole discretion and/or a no‐ show, (iii) any refusal or inability of the Client and/or any of its Passengers to comply with the reasonable instructions of Jet Luxe, air carrier, and/or the pilot‐in command, including, without limitation, pursuant to Section 3 of the GTCCs, (iv) flight safety and/or health and/or security reasons leading the pilot‐in‐command and/or Jet Luxe and/or the actual carrier to reasonably deem it necessary to cancel or terminate a planned flight, failure to provide necessary health and safety documentation requested by Jet Luxe and/or air carrier at their sole discretion by the deadline provided inability of Client and/or Passenger to secure exit from the departure destination or entry to the arrival destination, and/or (vii) Client failing to make any payment prior the Due Date.

b. For the purposes of calculating the cancellation fee for a multi-leg Flight Service, as noted in the Booking Confirmation, (i) the departure shall refer to the departure of the first scheduled flight leg, and (ii) the price shall refer to the total Price of the multi-leg Flight Service. For the avoidance of doubt, where the first scheduled flight leg has already occurred, Jet Luxe shall apply a 100% cancellation fee.

c. Jet Luxe and/or the actual carrier reserves the right to cancel, without liability for loss, injury, damage or delay, Flight Services under the Terms, including where Jet Luxe, in its sole discretion, deems such cancellation necessary as a result of the Client and/or any Passenger not complying, or being unable to comply, with any of the requirements in Section 2 or Section 3 of the GTCCs.

d. In such circumstances set out in Section 8.1 and 8.3:

the Cancellation Fees set out on the relevant quotation or Confirmation shall each be applicable and payable by Client,

and the costs of any additional goods and/or services arranged by Jet Luxe at the Client’s request through third party supplier(s) ancillary to the actual booked flight shall also remain the responsibility of the Client and shall be charged to the Client.

e. In the event of (i) a Force Majeure Event as defined in Section 4.1 of the GTCCs or (ii) Jet Luxe and/or the actual carrier cannot, at their sole and final discretion, confirm operational feasibility of a flight, Jet Luxe reserves the right to cancel this Confirmation without prejudice or cost, and shall promptly refund to Client all amounts paid by Client pursuant to these Terms. 60 day refund: “In the event of a duly authorized cancellation under this Agreement  Jet Luxe shall commence the refund process within sixty (60) working days following the receipt of a valid cancellation notification. However, should unforeseen circumstances arise or if the refund process encounters delays resulting from any matters or disputes, the specified time frame may be subject to extension.”

f. Any reimbursement of flight charges and of any other amounts paid by the Client in advance of the booked flight shall be subject to the deduction of any amounts outstanding owing to Jet Luxe, including Cancellation Fees. Any remaining balance of the sums paid by the Client shall be promptly repaid to the Client. If the funds paid by Client are not sufficient to cover the Cancellation  Fees, Client undertakes to make payment of any additional sums required to cover the Cancellation Fees within seven (7) days of the date of issue by Jet Luxe of an invoice to the Client for such sums.

g. Jet Luxe will not be liable to the Client for any loss or expense incurred by the Client or any Passenger in the event of cancellation due to their failure to comply with the provisions set out or referred to in these Terms.

8.  Severability

Should any one or more clauses of the Terms be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.

10. Miscellaneous

10.1 Aircraft availability shall always be subject to the carrier being able to obtain appropriate permits and permissions, including but not , to traffic rights, customs and immigration permits, operational approvals, take-off and landing slots, insurance and compliance of Client and/or Passengers with applicable laws, rules and requirements, including immigration, customs, agriculture, currency and health regulations and sanctions applicable at each destination. Client shall provide Jet Luxe no later than 24-hours or by the date set by Jet Luxe prior to departure with a complete guest list, passport copies including applicable visa and all other necessary information and valid documentation and any other operational requirements for the requested Flight Service. Jet Luxe reserves the right to refuse arrangement of Flight Services if the entry and exit requirements for the country of departure or destination are not met, or if the     required     documentation/certification     is     not presented, without being liable for any damages due to such refused arrangement of Flight Services. Client and its Passengers shall be jointly and severally liable for any damages resulting from any incorrect or incomplete information provided to Jet Luxe or from the delayed or improper provision of such information. Client in its own capacity and on behalf of its Passenger indemnifies Jet Luxe and its affiliates in respect of claims for damages due to boarding denied by the carrier and all cost incurred in connection with Client or its guest not complying with all legal requirements of the country of departure, transit countries and the country of destination such as but not , to surcharges, fees, fines, levy including lawyer costs and costs of repatriation. Furthermore, Jet Luxe and its affiliates shall not be liable or in any way responsible to the Client or Client’s Passengers if it or the carrier are unable to timely secure such permits and permissions.

10.2 Client shall use the aircraft only for its own pleasure  or for business in the carriage of Client and/or Passengers, and shall not use the aircraft: (I) to offer or to provide transportation of passengers or cargo for remuneration of any kind; (ii) in violation of any applicable law and/or the insurance requirements; (iii) for any illegal purpose including in violation of any applicable law or sanctions; or (iv) for any commercial use,    including    photography/filming,    without    prior written approval. Jet Luxe or the carrier may deny boarding to any Passenger who is listed on “no-fly” or similar lists, who lacks appropriate travel documents for international travel, or who is ineligible for transportation for any other reason. Client shall be fully responsible for ensuring Client and all officials, employees and guests on the aircraft are eligible for carriage and comply with all applicable laws. Client has no proprietary rights in any aircraft utilized by Client pursuant to this Agreement, and shall not cause, permit or allow any mortgage, charge, pledge, lien, hypothecation, assignment, claim or any other encumbrances whatsoever to be placed against the aircraft.

10.3 This Agreement does not create a joint venture, partnership, or any other form of business relationship between the parties. Where more than one person and/or legal entity is designated as Client pursuant to this Agreement, then each person and/or legal entity shall all have joint and several liability to Jet Luxe under this Agreement. The Terms set out the entire agreement between the parties. No special terms, representations, assurances, promises or warranties shall be binding on Jet Luxe or its affiliates except as set out expressly in the Terms. Any amendment to the Terms must be in writing and agreed to in writing by both the Client and by Jet Luxe. Any amendments to the Terms by the Client are null, void and of no effect unless agreed to by Jet Luxe in writing in those amended Terms.

10.4 Where applicable, any conversion between currencies shall be calculated at Jet Luxe’s discretion based on a commercially accepted and reputable currency exchange.

10.5 Each party’s rights and remedies under this Agreement are cumulative and not alternative and are not exclusive of each other.

10.6 For the avoidance of doubt, Jet Luxe and its affiliates shall have no duty to mitigate any loss arising from the failure by the Client to pay any amount due under this Agreement, whether by transporting any third parties for consideration on the Aircraft, by disposing of the Aircraft, or by any other manner.

10.7 The collection, use, and processing of personal data of natural persons related to the Flight Services is governed by the GTCCs and the Jet Luxe Privacy Policy available  at  https://www.Jet Luxe.com/privacy-  policy/ (“Privacy Policy”). By submitting personal data to Jet Luxe or an affiliate about any natural person, including Passengers, the Client hereby confirms that: (i) the Client has been appointed to act for such persons; (ii) such persons consent to the processing of their personal data, which data may also include sensitive personal data; and (iii) the Client will inform such persons of Jet Luxe’s identity and the Privacy Policy, including the sections regarding types of personal data collected, how it is used, and who it is shared with.

10.7 Jet Luxe may, at its sole and full discretion, allocate all or part of any payment received pursuant these Terms to offset or settle (in full or in part) any sums due from the Client to Jet Luxe or to an affiliate thereof under any other contract (“Allocation”). For the avoidance of doubt, Client shall remain liable for the full amount due under these Terms and shall, immediately upon Jet Luxe’s demand, make a further payment equal to the Allocation.

10.8 NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR TO ITS AFFILIATES FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT AND/OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON INCLUDING, BUT NOT , TO, LOSSES SUFFERED BY CLIENT AND PASSENGERS AS A RESULT OF ANY DELAY OR FAILURE OR BREACH BY JET LUXE ITS EMPLOYEES OR AGENTS IN PROVIDING OR OPERATING FLIGHT SERVICES, INCLUDING RELATED ADDITIONAL SERVICES UNDER THESE TERMS. CLIENT AND PASSENGERS SHALL NOT BE ENTITLED TO ASSERT ANY RESPONSIBILITY ON THE PART OF JET LUXE FOR ANY DIRECT DAMAGES OR LOSSES RELATING TO ADDITONAL SERVICES ARRANGED AT CLIENTS REQUEST UNLESS SUCH LOSSES HAVE BEEN CAUSED BY JET LUXE’S WILLFULL MISCONDUCT.

10.9 For the avoidance of doubt, Jet Luxe and its affiliates shall have no duty to mitigate any loss arising from the failure by Client to pay any amount due under these Terms, whether by transporting any third parties for consideration on the aircraft or by any other manner

10.10 Client hereby represents, warrants, undertakes and acknowledges that: (i) to the extent that any laws, statutes, regulations, and codes relating to anti-bribery, anti- corruption, anti-money laundering, terrorist financing, and unfair and prohibited business practices (including but not , to, the US Foreign Corrupt Practices Act and the  UK Bribery Act 2010) (collectively referred to herein as the “Laws”) apply to any aspect of the relationship between Jet Luxe and Client, Client shall at all times comply with the Laws and will remain in compliance with the Laws; (ii) any funds or monies paid by Client pursuant to the Terms shall not have been derived as proceeds of money laundering, terrorist financing and/or of any other illegal or criminal act or activity; (iii) Client is not a Designated Party (a “Designated Party” means any person or entity that is designated in published lists issued by the U.S. government or the United Nations or the European Union as a Specially Designated National or a Designated Person, a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker or any other similar designation that would prohibit Jet Luxe from engaging in a transaction with that individual or entity under applicable law), or the subject or target of any economic or trade sanction law or regulation or travel ban; (iv) no employee or director or owner or shareholder or parent company or affiliate or subsidiary of Client, and no Passenger travelling on- board the Aircraft, is a Designated Party, or the subject or target of any economic or trade sanction law or regulation or travel ban; (v) Client will promptly notify Jet Luxe in writing should it know, or have reason to know, of any change or potential change in status under this Section and/or any change in Client’s name, address, (where a corporation) Ultimate Beneficial Owner or (where a trustee) trust beneficiary/ies; (vi) any and all information and documentation provided by Client to Jet Luxe during Jet Luxe’s due diligence process are accurate and complete;

• Jet Luxe may be legally bound to file reports to any competent authority concerning any breach by Client, or by any of its guests, of any applicable economic or trade sanction laws or regulations or Laws; (viii) Jet Luxe may be required by applicable economic or trade sanction laws or regulations or Laws to block or freeze funds received from Client and which are within Jet Luxe’s possession or control. Such blocking or freezing of funds by Jet Luxe shall be affected without any liability to Client. Jet Luxe may furthermore and without liability to Client or to any person named in (iv) above, deal with and remit such funds in such manner as prescribed by the applicable economic or trade sanction laws or regulations or Laws and/or as prescribed to Jet Luxe by the relevant authorities.

10.11 Client shall promptly provide to Jet Luxe any and all information and documentation reasonably requested in order for Jet Luxe to be able to perform its due diligence assessment procedures to ensure that Client and no person intended to be carried on the Aircraft and no flight intended to be operated violates any law or regulation or economic or trade sanction law or travel ban; and, if so required by Jet Luxe at any time, Client shall certify to it in writing compliance with this contractual provision, and shall promptly provide such supporting evidence of compliance as Jet Luxe may reasonably request.

10.12 Jet Luxe may (without prejudice to all its other rights under the Terms and at law) terminate this Agreement by means of written notice to Client, with immediate effect, without need of judicial recourse, and without liability for compensation or damages (whether direct and/or indirect) of any type or nature in favor of Client, in the event that: (i) Client breaches any representation, warranty, undertaking or acknowledgment set forth in this Section 10.12 to 10.14 and fails to remedy (if such a breach is remediable in the sole discretion of Jet Luxe) that breach within ten (10) days of Client being notified in writing of the breach; or, (ii) Client and/or any of its directors and/or employees and/or owners and/or shareholders and/or parent companies and/or affiliates and/or subsidiaries becomes a Designated Party or the subject or target of any economic or trade sanction law or regulation or travel ban; or, (iii) Client and/or any of its Passengers has been convicted of a criminal offence related to human rights violations, terrorism, or to fraud, theft, bribery, corruption, money laundering, terrorist financing or other financial impropriety. Furthermore, Client assumes all liability and shall indemnify, reimburse, and hold free and harmless Jet Luxe, its officers, directors, shareholders, employees, agents, and subcontractors (each an “Indemnitee”), from and against any and all claims, demands, suits, judgments, losses (which shall include the full value of the Price), fines, penalties, damages, costs, liabilities and causes of action, including costs and expenses incidental thereto, incurred or suffered by any Indemnitee by reason of or in connection with a breach or deemed breach by Client of any representation, warranty, undertaking or acknowledgement set forth in Section 10.12 above.

11.Governing Law & Forum

a. This Agreement is considered a transaction in interstate commerce. As such, the Federal Arbitration Act (Title 9 of the US Code) governs the interpretation and enforcement of this arbitration provision. The Parties knowingly and voluntarily waive the right to bring an action in court and their respective rights to a jury trial to decide any disputes relating to or arising out of this Agreement, where the amount in controversy exceeds $25,000.00 (Twenty-five Thousand and 00/100). Therefore, except for an action solely seeking injunctive or equitable relief, any issue, dispute, controversy, or claim arising out of or relating to this Agreement exceeding such amount shall, without limitation, be substantively and procedurally governed by the Federal Arbitration Act (FAA). To the extent state law is applicable under the FAA, the law of the state shall apply. References to state law shall not be construed as a waiver of any rights under the FAA. The parties further agree to delegate all issues including issues concerning the validity or enforcement of this arbitration provision, or whether it applies to a specific issue, claim, of this provision, the arbitrability of any issue, dispute, controversy or claim, or the waiver of a right by either party, shall be determined by the arbitrator. The arbitration shall be by a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction as outlined herein.  For the avoidance of doubt, disputes arising from the following jurisdictions will be handled in those respective jurisdictions:

For Agreements entered into with [Jet Luxe UK], the parties agree to have seat or legal place of arbitration be London, United Kingdom.

For Agreements entered into with [Jet Luxe Dubai], the parties agree to have the seat or legal place of arbitration be Dubai, United Arab Emirates.

For Agreements entered into with Jet Luxe North America, LLC, the parties agree to have the seat or legal place of arbitration be the State of Florida, United States of America. 

d. The parties agree that arbitration or any other proceeding shall proceed on an individual basis without the right for any claims to be arbitrated or resolved on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is, to claims between Client and Jet Luxe alone. Claims may not be consolidated or jointed unless agreed to in writing by all parties to pursue all Claims solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

e. Save in the event of a referral by Jet Luxe under Section 11.2, the English courts located in London shall have exclusive jurisdiction to determine any dispute arising in connection with the Terms, save that Jet Luxe shall retain the right (save in the event of a referral by Jet Luxe under Section 11.2) to bring proceedings against the Client            in the courts of any other competent jurisdiction whether or not proceedings in the English Courts are pending or have been prosecuted to judgment. For the avoidance of doubt, any referral by

Jet Luxe under Section 11.2 shall not limit the rights of the parties to enforce (through competent courts or otherwise) any arbitral award or decision handed down pursuant to Section 11.2.

f. Sections 11.1 to 11.5 are without prejudice to the rules of jurisdiction of any applicable law (including the Warsaw Convention or the Montreal Convention) which may apply to the carriage of the Passenger(s).

JET LUXE GENERAL TERMS AND CONDITIONS OF CARRIAGE

1. SCOPE

1. These General Terms and Conditions of Carriage (“GTCC”) apply to all flights and other services for which a contract (“Services Agreement”) has been concluded with Jet Luxe .

1. Operator is the contracting carrier as defined in legislation governing carriage by air and the party to the contract with the Client (disregarding if the contract has been concluded with the Client or by an agent on behalf of the Client). If Operator has the carriage to which the Client is entitled handled by other carrier, such other carrier is the actual carrier as defined in legislation governing carriage by air. For the avoidance of doubt, Jet Luxe, and Jet Luxe GmbH maintain operational control over the aircraft operated under their respective Air Operator’s Certificate.

1. These GTCC take precedence in the event of a conflict with any other terms and conditions in a Services Agreement or other Operator contract.

1. These GTCC are available on the Operator website or another location as Operator may from time-to-time provide.

1. References in these GTCC to “Client” include references to the customer contracting party in any Services Agreement. References in these GTCC to “Passengers” are to passengers nominated or otherwise authorized by the Client to utilize the flight services provided under these GTCC.

• COMPLIANCE WITH ENTRY AND EXIT REQUIREMENTS; REQUIRED DOCUMENTS

• Passengers are responsible for obtaining, and presenting at check‐in and at immigration, the necessary travel documents, visas and doctor’s certificates, certificates of vaccination and the like which are required – for themselves and for any children or animals travelling with them – under the passport, visa and health regulations of the countries in question and/or by Operator. In particular, Operator would like to draw Client’s and Passengers’ attention to visa requirements for foreign nationals. Passengers shall not travel, and the Client shall not permit Passengers or accompanying animals to travel where to do so would pose a risk to their health and/or safety or to the health and/or safety of any third party (including Operator employees, customers, and service providers).

• As contractual carrier, Operator may, without liability for loss, injury, damage or delay, refuse carriage (i) if the entry or exit requirements for the country of departure or destination are not met, (ii) if the required documentation/certification is not presented, or (iii) if such carriage, in the sole judgment of Operator, is for any illegal purpose or would result in violation of any applicable law or sanctions (including any Passenger who is listed on a “no-fly” or similar list).

• Operator takes no responsibility with the regard to any Passenger’s compliance with any country’s entry or exit requirements (including visas and health status). Compliance is the sole responsibility of the Passenger(s).

• The Client shall indemnify Operator for any direct and indirect costs incurred by Operator arising from the Client and/or Passengers not complying, or being unable to comply, with any of the requirements in Sections 2 and 3 of these GTCC, such costs including but not, to fines and cost of Passenger repatriation.

• Operator may, without liability for loss, injury, damage or delay, and at its sole discretion, refuse to carry Passengers on domestic flights where national laws (known as “cabotage” rules) prohibit such carriage, for example within the United States. As a result, any change to the list of Passengers must be notified immediately to Operator and will be subject to Operator’s prior approval. Stopovers within a given country (including the United States) may be authorized but the domestic transportation of Passengers within that country may be prohibited (and, in the case of the United States, is prohibited).

• The Client must ensure that all Passengers booked to travel (as set out in the passenger manifest) on domestic segments (in particular within the United States) will do so on a continuous international journey on the same carrier.

• HEALTH, SAFETY AND SECURITY

• Operator is entitled to change the route, flight schedule, seating capacity and maximum take‐off weight if these are required under certain operational circumstances not caused by Operator or actual carrier.

• Captain´s Decision.

• The pilot in command shall at all times be entitled to take all necessary measures for health and safety reasons. The pilot in command has the authority to decide with regard to Passenger’s seating as well as baggage loading, allocation/placement and unloading. The pilot in command decides whether or not and how the flight is operated and which Passengers and accompanying animals may not travel, for example due to their behavior, to Passenger and/or Client failure to provide requested documentation and/or submit to reasonable pre-flight health checks (such as taking of body temperature by crew), or to their health, physical or mental condition.

• Client and Passenger accept all such decisions of the pilot in command. Client and Passenger agree that when (in the reasonable view of Operator or the pilot in command) health, safety or security may be compromised, Operator or the pilot in command may decide to refuse to start or commence a flight, divert a flight, or take other action (including refusal to carry a Passenger, animal or luggage) necessitated by such health (for example, a Passenger appears to have symptoms of or have a communicable disease or condition or a Passenger refuses a screening for such disease or condition), safety and security considerations, without liability for loss, injury, damage or delay.

• Carriage of expectant mothers.

The following regulations apply for safety reasons and to avoid health risks to expectant mothers:

• Operator will carry expectant mothers up to 4 weeks before the expected date of delivery without certification that the Passenger is fit to travel.

• Operator is entitled to demand presentation of the woman’s antenatal medical record as proof that the pregnancy is not beyond the 35th week.

• Expectant mothers will no longer be carried as from 4 weeks before the expected date of delivery.

The foregoing regulations also apply to the date of any planned return flight.

• Carriage of infants, children and adolescents.

Owing to the risk of potential health damage, Operator recommends that newborn babies up to the age of 7 days should not fly. Infants travel on the lap of their parent, guardian or accompanying Passenger during take‐off and landing.

• Carriage of animals.

Owing to safety reasons and because of the , space available, Passengers are entitled to demand the transport of animals (including domestic animals and pets) only if Operator has been notified at the time of booking and has confirmed carriage of the animal. Client is responsible for ensuring that the animal complies with the requirements in the country of destination and that the animal is medically fit to travel.

• Carriage of baggage.

• Excess and general baggage.

Passenger baggage weight is , for flight safety reasons and varies according to aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft. Flights are being calculated with the EASA Air Regulations standard weight tables by Passenger and by type of aircraft. If Passenger baggage exceeds these limits Passenger must notify Operator prior to flight. Unless otherwise explicitly stated, Passengers are obliged to notify Operator of all excess and general baggage, stating the dimensions and weight of the items such as but not , to sports equipment, pushchair/buggy and child’s car seat.

The carriage of excess and general baggage shall be decided on the basis of the available hold capacity and security regulations for each flight at the sole discretion of the pilot in command. Accordingly, Operator reserves the right to accept only a , quantity or refuse the carriage of excess or general baggage entirely.

• Generally prohibited baggage.

For safety reasons, the following materials and items shall not be placed in either hold or checked baggage and will not be carried:

• Briefcases or security‐type attaché cases with installed alarm devices, or incorporative lithium batteries and/or pyrotechnic material;

• Explosive devices, including detonators, fuses, grenades, mines and explosives;

• Explosive materials, fireworks or signal rockets;

• Gases: flammable, non‐flammable, deeply refrigerated and poisonous, such as camping gas or aerosols, propane and butane;

• Flammable fluids such as bleaches, peroxides, petrol and methanol;

• Flammable solids and reactive substances, including magnesium, firelighters, fireworks, flares;

• Cigarette lighters;

• Oxidizers and organic peroxides (including bleach), car body repair kits;

• Toxic or infectious substances, including bacteria, viruses, poisons, infected blood and pathogens;

• Radioactive material, including medicinal or commercial isotopes;

• Corrosives (such as mercury), which may be contained in thermometers, acids, alkalis and wet‐cell batteries filled with battery fluid, corrosives and vehicle batteries;

• Fuel‐containing components of vehicle fuel systems;
  • Magnetized materials and all hazardous items as listed in the IATA Dangerous Goods Regulations;

• Lithium ion battery-powered devices that exceed 160 watt hours;

• Personal electronic devices (PED) using lithium batteries that are damaged or known to be defective (please consult http://wemakeitsafer.com to check battery safety of your PED); and

• Any object or substance whose possession and/or carriage by air is prohibited under applicable law.

The provisions in (1) to (15) above do not apply to medicines and medical appliances, toiletries, smoking utensils (except petrol cigarette lighters) or alcoholic drinks, provided that such items are carried only in small quantities for personal use. For the avoidance of doubt, (16) above applies to such items.

• Prohibited items in checked baggage.

Checked baggage must not contain fragile or perishable items, items of value including money, jewelry, precious metals, jewels, computers (including laptop computers), cameras, mobile phones, electronic cigarettes, vaping equipment or other electronic equipment, securities, stocks and bonds, as well as other valuables or business documents, samples, identification documents, house or car keys, medicines and/or medical aids and appliances (such as hearing aids, dental braces and glasses) required by the Passenger and/or spare lithium batteries, lithium ion battery-powered personal transportation devices (including Segways and hoverboards) and lithium. Operator may refuse to carry these items in checked baggage and is liable only for damage/loss that is willfully caused or caused by gross negligence.

The operator shall be entitled to refuse the carriage of any baggage which is so inadequately packed that damage has to be expected despite exercise of the customary care.

• Prohibited items in hand baggage.

• Guns, firearms and weapons – Any object capable, or appearing capable, of discharging a projectile or causing injury, including:

• all firearms (pistols, revolvers, rifles, shotguns etc);

• replica and imitation firearms;

• component parts of firearms (excluding telescopic sighting devices and sights);

• air pistols, rifles and pellet guns;

• signal flare pistols; starter pistols; toy guns of all types; BB guns;

• industrial bolt and nail guns; cross bows; catapults;

• harpoon and spear guns; humane killers for livestock;

• stun or shocking devices such as cattle prods, ballistic conducted energy weapons (taser);

• lighters shaped like a firearm.

• Pointed/edged weapons and sharp objects – Pointed or bladed articles capable of causing injury, including:

• axes and hatchets; arrows and darts; crampons; harpoons and spears;

• ice axes and ice picks; ice skates; lockable or flick knives with blades of any length; knives with blades of more than 6 cm, made of metal or any other material strong enough to be used as a potential weapon;

• meat cleavers; machetes;

• open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge); sabres, swords and swordsticks; scalpels; scissors;

• ski and walking/hiking poles;

• throwing stars;

• tradesman’s tools that have the potential to be used as a pointed or edged weapon e.g. drills and drill bits, carpet knives and box cutters, utility knives, all saws, screwdrivers, crowbars, pliers, wrenches/spanners and blow torches.

• Blunt instruments – Any blunt instrument capable of causing injury, including:

• baseball and softball bats;

• clubs or batons – rigid or flexible – e.g. Billy clubs, blackjacks, night sticks and batons;

• cricket bats; golf clubs; hockey sticks; lacrosse sticks;

• kayak and canoe paddles; skateboards; billiard, snooker and pool cues; fishing rods;

• martial‐arts equipment e.g. knuckle dusters, clubs, rice flails, nun chucks, Ku batons and kubasaunts.
  • Explosives and flammable substances – All explosives and/or highly inflammatory substances which constitute a health hazard for Passengers or crew or a risk for the technical and general safety of the aircraft and the property of the actual carrier and/or third parties, including:

• ammunition; blasting caps; detonators and fuses; explosives and explosive devices;

• replica or imitation of explosive material or devices; mines and other explosive military stores; grenades of all types; gas and gas containers e.g. butane, propane, acetylene and oxygen;

• fireworks, flares in any form and other pyrotechnics (including party poppers and toy cap guns);

• non‐safety matches;

• smoke‐generating canisters or cartridges;
  • flammable liquid fuel (e.g. petrol/gasoline, diesel, lighter fluid, alcohol, ethanol); aerosol spray paint; turpentine and paint thinner;

• alcoholic beverages exceeding 70 % by volume.
  • Chemical and toxic substances – Any chemical or toxic substances which pose a risk to the health of Passengers and crew or the security/safety of aircraft or property, including:

• acids and alkalis (e.g. spillable ‘wet’ batteries);

• corrosive or bleaching substances (e.g. mercury and chlorine);

• disabling or incapacitating sprays (e.g. mace, pepper spray and tear gas);

• radioactive material (e.g. medicinal or commercial isotopes); poisons;

• infectious or biological hazardous material (e.g. infected blood, bacteria and viruses and any items carrying or containing the same);

• material capable of spontaneous ignition or combustion;

• fire extinguishers.

• Restriction on liquids in hand baggage (EU Regulation 1546/2006).

European Union regulations on Security in Civil Aviation restrict the amount of liquids that Passengers are permitted to take on board in their hand baggage.

It must be ensured that these liquids are in individual containers with a capacity of no more than 100 ml, or the equivalent amount given in a different unit of measurement (based on maximum contents as printed on the container). All of these individual containers must be packed in a transparent, re‐sealable plastic bag with a capacity of no more than one (1) litre. The plastic bag must be easily and fully sealable. Passengers are not permitted to seal a normal (non‐sealable) plastic bag using additional means.

Only one (1) plastic bag is allowed per person.

Liquids include: gels, pastes, lotions, liquid/solid mixtures, such as toothpaste, hair gels, beverages, soups, syrups, perfume and other items of similar consistency, as well as the contents of pressurized containers such as aerosols, shaving cream and hair spray.

Exemptions may be granted if the liquid is:

• to be used during the trip and is either required for medical purposes or a General dietary requirement, including baby food. When requested to do the Passenger shall provide proof of authenticity of the exempted liquid; or

• obtained airside beyond the point where boarding passes are controlled from outlets that are subject to approved security procedures as part of the airport security program on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at the airport on that day; or

• obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security program or

• obtained at another Community airport, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase at airside at that airport on that day; or

• obtained on board an aircraft of a community air carrier, on condition that the liquid is packed in a bag that is both tamper evident and displays satisfactory proof of purchase on board that aircraft on that day.

The above regulations shall apply to all flights departing from airports in the European Union (including connecting flights) irrespective of their destination or the country in which the carrier is based. Passengers entering the EU from an airport outside the EU must undergo another security screening before boarding their connecting flight.

Various non‐EU states have passed identical or similar regulations.

• Carriage of sporting weapons.

Passengers must inform Operator as early as possible in writing prior to the flight if they intend to include sporting weapons and/or associated ammunition in the baggage.

Sporting weapons must be unloaded and stored in gun-cases or bags.

Ammunition must be packed separately in a bag or case and its total weight must not exceed 5kg. Allowances for more than one person must not be combined into one or more packages.

Sporting weapons and any associated ammunition must be the personal property of the Passenger and must be properly licensed by the Passenger’s country of residence and have the required European weapon passport, where applicable.

The Passenger shall provide such documentation as required by Operator that evidences compliance with the above paragraph. Operator may require that the Passenger provide additional documentation for the transport of sporting weapons and ammunition (for example, where the destination country of the Passenger requires such additional documentation to be furnished); Operator will communicate to the Passenger any such requirement for additional documentation following the receipt by Operator of the Passenger’s initial notification of intention to carry a sporting weapon and/or associated ammunition.

Failure by the Passenger to comply with any of the above points in this sub-Section 3.6€ may result in Operator refusing to carry the Passenger’s sporting weapons and/or any association ammunition.

• Carriage of lithium batteries.

All spare lithium batteries, power banks and portable electronic devices (e.g. e-cigarette, personal vaporizers) must be in carry-on hand baggage and must be individually protected so as to prevent short circuits (e.g., by placement in original retail packaging, by otherwise insulating terminals by taping over exposed terminals, or placing each battery in a separate plastic bag or protective pouch). Spare lithium batteries must not come in contact with metal objects, such as coins, keys, or jewelry and take steps to prevent crushing, puncturing, or pressure on the battery.

Lithium batteries with capacity exceeding 160W are not permitted.

For reference see European Aviation Safety Agency Safety Information Bulletins 2015-28, 2016-04 and 2017-04.

• Electronic equipment.

• For safety reasons, the use of all PEDs is strictly prohibited during take‐off and landing. The use of mobile phones is not permitted throughout the entire flight. The use of other electronic devices is permitted only with the consent of the pilot in command.

• PEDs placed in checked baggage have to be completely switched off and effectively protected from accidental activation. To ensure the device is never powered on during its transport, any applications, alarms or pre-set configurations that may activate the device have to be disabled or deactivated.

• PEDs placed in checked baggage have to be protected from damage by applying suitable packaging or casing or by being placed in a rigid bag protected by adequate cushioning (e.g., clothing). PEDs shall not be carried in the same baggage together with flammable material (e.g. perfumes, aerosols, etc.);

For reference see European Aviation Safety Agency Safety Information Bulletin 2017-04.

• Smoking.

Smoking may be prohibited on some Operator flights depending on the individual aircraft. Additional Costs for cabin cleaning will be charged to the Client.

3.9 Conduct.

Passenger shall at all times utilize the aircraft and provided amenities in good faith. Except for personal use items reasonably and proportionally utilized, Passenger may not remove items from the aircraft without Operator’s prior written permission. Breach of this provision may incur, without limitation, replacement fees and a restocking charge payable by Client.

• FORCE MAJEURE

• A “Force Majeure Event” is war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine (whether declared by a national authority or by an international organization such as the United Nations) resulting in the suspension of all passenger air traffic, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, adverse weather conditions, natural disasters (such as volcanic eruptions and floods), technical reasons, detention or similar measures, accidents with aircraft, or other events over which Operator has no control. Operator reserves the right at any time during the carriage to suspend or redirect the flight in question and/or provide the Passenger with another similar aircraft or cancel the flight at its sole discretion without further liability to the Client in the event that the carriage cannot be completed in accordance with Client’s requirements due to a Force Majeure Event. This definition of Force Majeure Event incorporates Sections 4.2 and 4.3 (as applicable) as well as Sections 4.4 and 4.5.

• Where Operator (or an affiliate thereof) arranges flight services pursuant to a Services Agreement for provision of one-off flight services (including, without limitation, Jet Luxe On Demand or Direct), the above definition of “Force Majeure Event” shall be modified to incorporate this Section 4.2.

In the event a Force Majeure Event occurs prior to the commencement of the carriage and no suitable solution can be found in the sole discretion of Operator or Jet Luxe, Operator reserves the right to cancel the contract of carriage without liability to the Client. In this case, Operator shall credit the Client with an amount corresponding to the flight in question minus any and all expenses

incurred. Where Operator cancels the contract of carriage having commenced but not completed the carriage due to the Force Majeure Event, the Client shall only be charged on a pro rata basis for the portion of the carriage performed and any balance shall be refunded to the Client.

Furthermore: Jet Luxe reserves the right at any time to cancel, postpone, or redirect a flight or provide the Customer with another similar aircraft at the same price in the event that the flight cannot be performed with the booked aircraft due to reasons beyond its control, including but not limited to, acts of God or public enemy, war, civil war, warlike events, terrorism, infringement of a country’s neutrality, sabotage, hijacking, insurrections or riots, requisition, confiscation, expropriation, seizure, fires, floods, explosions, earthquakes, natural disasters, weather conditions, epidemics, pandemics or quarantine restrictions, compliance with applicable law, regulations or orders, any act of any third party, any act of government, governmental priorities, allocation regulations or orders, strikes or labor troubles, general hindrance in transportation, serious accidents, aircraft accident, technical reasons, failure of a subcontractor or supplier to furnish services, materials, accessories, equipment or parts, failure of Customer to perform its obligations under the Contract, Passenger delays, other force majeure events of any nature, or when the safety of the passengers or of the crew can reasonably be assessed to be in danger, at the discretion of the captain or of any Jet Luxe personnel. Jet Luxe shall in no event be held liable or found to be in default for any such cancellation, postponement, redirection or provision of an alternative aircraft resulting from the above-mentioned circumstances. In the event that the above happens before the first leg of the flight stated in the Contract has started or before the positioning flight to the first departure point, and Jet Luxe exercises its above right to cancel the flight, Jet Luxe shall credit the Customer with an amount corresponding to the flight in question minus all expenses already incurred. In the event that the above happens enroute, any cost arising from such changes or delays will be invoiced separately at cost and shall become payable by the Customer, excluding the cost of repairing the aircraft but including the cost of arranging an alternative aircraft.

• Where Operator (or an affiliate thereof) provides services pursuant to a Services Agreement with an extended contractual term (including, without limitation, Jet Luxe Program, Jet Luxe Silver, Jet Luxe Dynamic Lease, or Jet Luxe Dynamic Corporate Membership), the above definition of “Force Majeure Event” shall be modified to incorporate this Section 4.4, which distinguishes between long-term contractual obligations and individual flights.

Operator (or an affiliate thereof) shall not be deemed unable to fulfil its contractual obligations under the Services Agreement due to a Force Majeure Event unless such Force Majeure Event renders Operator unable to arrange lawfully flight services to, from, and/or within two-thirds of the jurisdictions that fall within the Services Agreement’s service area for the contractually prescribed Force Majeure period (or if no such period, then ninety (90) days).

In the event that a Force Majeure Event occurs prior to the commencement of a scheduled flight or series of flights and no suitable solution can be found in the reasonable opinion of Operator (or an affiliate thereof), Operator (or an affiliate thereof) reserves the right to cancel that flight without liability to the Client. Where Operator (or an affiliate thereof) cancels the contract of carriage having commenced, but not completed, a flight carriage due to the Force Majeure Event, the Client shall only be charged on a pro rata basis for the flight legs performed.

• Unless stated otherwise in mandatory (indispensable) legislation, Operator shall not be responsible for any damage or direct and indirect loss as a result of or arising, directly or indirectly, in connection with a Force Majeure Event.

• Operator shall not be liable for any damage or direct and indirect loss of any nature whatsoever to the Client arising from any delay arising as a result of a Force Majeure Event.

• GENERAL LIABILITY PROVISIONS

• Liability in connection with the carriage of Passengers, freight and baggage inside and outside the European Community is subject to the liability restrictions of EC Regulation No. 2027/97 of 9 October 1997 as amended by EC Regulation No. 889/02 (“EC Regulation 2027/97”), the Convention for the Unification of Certain Rules of International Carriage by Air of 28 May 1999 (“Montreal Convention”), or the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air of 12 October 1929 as amended by the Hague Protocol of 28 September 1955, depending on whether the case involves national or international carriage as defined in the Warsaw Convention or Montreal Convention or the Guadalajara Convention 1961.

• The liability of Operator and/or the actual carrier shall in no case exceed the level of the proven damage. Operator and/or the actual carrier shall be liable for indirect and/or consequential damage only if the damage is attributable to gross negligence or intent on the part of Operator and/or the actual carrier. The foregoing exclusion of liability shall not apply to indirect and/or consequential damage resulting from injury to life, body or health of a person owing to infringement of an obligation caused by negligence on the part of Operator and/or the actual carrier.

• If the damage is attributable to contributory negligence on the part of the damaged party, the standards of the applicable law relating to exclusion or reduction of compensation obligations in cases of contributory negligence by the damaged party shall apply.  The above provision shall apply accordingly if the damaged party fails to satisfy his/her obligation to keep the damage to a minimum.

• Operator and/or the actual carrier shall not be liable for damage caused in fulfilment of government regulations or because the Passenger fails to satisfy his/her obligations pursuant to these regulations.

• Operator and/or the actual carrier shall be liable for errors or omissions in flight schedules or other publications of flight times, for information supplied by agents, employees or authorized representatives of Operator and/or the actual carrier relating to dates, departure and arrival times or flight handling, only in cases of intent or gross negligence.

• The exclusion and restriction of liability on the part of Operator and/or the actual carrier shall also apply accordingly in favor of agents, employees or representatives of Operator. The total sum to be paid in compensation by Operator and/or the actual carrier and/or the aforesaid persons shall not exceed the maximum statutory and contractual liability sums which apply to Operator and/or the actual carrier.

• Unless otherwise explicitly specified, none of these conditions refers to a waiver of the liability exclusions which apply to Operator and/or the actual carrier or pursuant to the Warsaw Convention, the Montreal Convention, European or national legislation.

• Notwithstanding anything to the contrary in the Services Agreement, the Client shall be liable to and shall indemnify Operator and/or the actual carrier for any breach of these GTCC by the Client and/or by any Passenger(s), including any consequential losses incurred by Operator as a result of such breach, however remote. In particular where:

1. Operator and/or the carrier breach the cabotage rules set out in Section 2.5.1 as a result of any act or omission of the Client and/or Passenger(s) (including by way of alteration to passenger manifests);

1. the Client is in breach of Section 2.5.2 above,

the Client shall indemnify Operator and/or the actual carrier for all resulting loss and liability incurred, including future loss of revenue, fines, regulatory sanctions and costs incurred in attending and/or defending any regulatory or legal proceedings or investigations.

• NOTICE PURSUANT TO ANNEX TO EC REGULATION 2027/97

Notice pursuant to the annex to EC regulation 2027/97 as amended by EC regulation 889/02.

• Liability of Operator and/or actual carrier for Passengers and their baggage.

This information notice summarizes the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

• There is no maximum sum in terms of liability in case of Passenger death or injury. For cases of personal injury up to SDR 113,100 (equivalent sum in local currency), Operator and/or actual carrier cannot contest claims for compensation. In case of claims greater than this amount, the contractual and/or actual carrier can defend itself by proving that its actions were not negligent or otherwise at fault.

• If a Passenger is killed or injured, Operator and/or actual carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximate amount in local currency).

• Operator and/or actual carrier is liable for damages caused if Passengers are delayed unless the company took all reasonable measures to avoid these damages, or it was impossible to take these measures. The liability for damages caused by Passenger delay is, to SDR 4694 (equivalent sum in local currency) (EN Official Journal of the European Communities 30.5.2002 L 140/5). Any possible liability under EC regulation 261/2004 remains unaffected.

• The contractual and/or actual carrier is liable for damages caused if baggage is delayed unless the company took all reasonable measures to avoid these damages, or it was impossible to take these measures. The liability for damages caused by the baggage delay is , to SDR 1131 (equivalent sum in local currency).

• Operator and/or actual carrier is liable for the destruction, loss or damage to baggage up to a sum of SDR 1131 (equivalent sum in local currency). In the case of checked baggage, if the baggage was not damaged prior to carriage, the company is liable even if it is not at fault. Regarding hand baggage, Operator and/or actual carrier is only liable if it its actions are negligent or otherwise at fault.

• A Passenger can benefit from a higher liability limit by making a general declaration at the latest at booking subject to a supplementary fee.

• If the baggage is damaged, delayed, lost or destroyed, the Passenger must write and complain to Operator and/or actual carrier as soon as possible. Passengers whose checked baggage sustained damage must submit a written complaint within seven days upon the date the baggage was placed at the Passenger’s disposal.

• If Operator and/or actual carrier that actually carries out the flight is not the same, the Passenger may address complaints to or make claims for damage against either company. If the name of code of a contractual and/or actual carrier is indicated on the confirmation, that company is the contracting contractual and/or actual carrier.

• Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

• The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.

• Disclaimer.

This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention, and it does not form part of the contract between the carrier(s) and the Client. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.

• PRIVACY AND DATA PROTECTION

• During the course of its relationship with the Client, Operator (including Operator’s officers, employees, contractors, subcontracts, agents and actual carriers) shall act as data controller in the collection and processing of Personal Data (‘Personal Data’ shall have the meaning assigned to it in Operator’s Privacy Policy published at https://www.air-hamburg.de/en/data- privacy-policy and at https://www.Jet Luxe.com/en/privacy-policy/) about the Client and/or Passengers. The protection of the Client’s and Passengers’ Personal Data is very important to Operator. Operator hereby commits that the Client’s and Passengers’ Personal Data will be held and processed by it in compliance with applicable data protection laws and regulations, these GTCC, and the Operator Privacy Policy which are incorporated herein by reference. The Client hereby accepts that the Client’s and Passengers’ Personal Data be held and processed by Operator in compliance with applicable data protection laws and regulations, these GTCC, and the aforementioned Operator Privacy Policy.

• Without prejudice to the aforementioned what is stated in the Operator Privacy Policy, Operator and/or the actual carrier are explicitly entitled to transmit Personal Data obtained from official photo identification documents and other Personal Data processed or used in connection with the carriage to public authorities and border control agencies, provided that the authority’s or agency’s request for disclosure is based on mandatory legal regulations and is necessary for performance of the contract of carriage. Moreover, the actual carrier is also explicitly authorised by Client to process, capture, save, modify, block, delete, disclose, transmit and use Personal Data of Client and Passengers within the scope of performance of the contract and in accordance with applicable data protection regulations for the purpose of delivery by the actual carrier of flight services and performance by the actual carrier of its obligations under the contract, and actual carrier is further explicitly authorised to transmit the said Personal Data to its own offices, authorised representatives and to the parties who provide services on its behalf, including to air crew (pilots and cabin crew) charged with the delivery of flight services to the Client.

• PASSENGER EMERGENCY CONTACT DETAILS (EC REGULATION NO. 996/2010, ARTICLE 20(3))

• In accordance with Article 20(3) of EC Regulation No. 996/2010, every Passenger has the right to provide Operator with the name and contact details of a person who Operator is to contact in the event of an emergency relating to the Passenger. Operator shall use such information only in the event of such an emergency. Operator undertakes that none of the details provided by a Passenger under this Section 8 will be passed on to third parties or used for commercial purposes.

• Where the contract to which these GTCC apply is concluded with a person or company other than a Passenger, that person or company shall (i) facilitate the exercise by Passengers of their right set out in Section 8.1; and (ii) provide Operator with all assistance requested by Operator to allow Passengers to exercise (and Operator to give effect) to that right.

• AMENDMENTS

• Operator reserves the right to amend these GTCC at any time with effect for the future without obligation to notify the Client. The GTCC as amended from time to time are published on the website as from the date on which they come into force. By continuing to use Operator services after amendment of the GTCC, the Client declares his consent to the amendments. For the avoidance of doubt, and pursuant to Section 1.3 above, this Section applies notwithstanding any provision to the contrary in any Services Agreement.

• No agency, employee or any other third party is entitled to make any amendments and/or addenda to these GTCC or to waive their applicability.

• These GTCC (and any documents, terms or agreements referred to therein) contain the entire provisions of the contract between the Client and Operator and supersede all previous agreements, regardless of whether such agreements were made verbally, by electronic means or in writing.

1. SEVERABILITY CLAUSE

Should any individual provision be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision.

1. APPLICABLE LAW AND JURISDICTION

1. Sections 11.2 to 11.5 apply save where the Services Agreement incorporating these GTCC (or otherwise rendering these GTCC applicable) contain provisions that specify the law and jurisdiction that apply to the Services Agreement (in which event such provisions shall instead apply).

1. These GTCC and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these GTCC or their formation (including any non-contractual dispute or claim) shall be governed by and construed in accordance with English law. The English courts located in London shall have exclusive jurisdiction to determine any dispute arising in connection with these GTCC, save that Operator shall retain the right to bring proceedings against the Client in the courts of any other competent jurisdiction whether or not proceedings in the English Courts are pending or have been prosecuted to judgment.

1. In the event of any dispute arising out of or relating to these GTCC as set out in Section 11.2, Operator may at its sole and exclusive discretion refer such dispute for final resolution by arbitration under the London Court of International Arbitration (“LCIA”) Rules. The LCIA Rules are deemed to be incorporated by reference into this Section 11.3.

1. The language to be used in the LCIA arbitration referred to in Section 11.3 shall be English. In any LCIA arbitration commenced under Section 11.3, the number of arbitrators shall be one and the seat or legal place of arbitration shall be London, United Kingdom.

1. Save in the event of a referral by Operator under Section 11.3, the English courts located in London shall have exclusive jurisdiction to determine any dispute arising in connection with the Terms, save that Operator shall retain the right (save in the event of a referral by Operator under Section 11.3) to bring proceedings against the Client in the courts of any other competent jurisdiction whether or not proceedings in the English Courts are pending or have been prosecuted to judgment. For the avoidance of doubt, any referral by Operator under Section 11.3 shall not limit the rights of the parties to enforce (through competent courts or otherwise) any arbitral award or decision handed down pursuant to Section 11.3.

1. This Section 11 is without prejudice to the rules of jurisdiction of any applicable law (including the Warsaw Convention or the Montreal Convention) which may apply to the carriage of the Passenger(s).

1. PROHIBITED CONDUCT, BUSINESS PRACTICES AND SANCTIONS

1. The Client hereby represents, warrants, undertakes and acknowledges that: (1) to the extent that any laws, statutes, regulations, and codes relating to anti-bribery, anti-corruption, anti-money laundering, terrorist financing, and unfair and prohibited business practices (including but not , to, the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act) (collectively referred to herein as the “Laws”) apply to any aspect of the relationship between Operator and the Client, the Client shall at all times comply with the Laws and will remain in compliance with the Laws; (2) any funds or monies paid to Operator by the Client shall not have been derived as proceeds of money laundering, terrorist financing and/or of any other illegal or criminal act or activity; (3) the Client and all Passengers are not a Designated Party (a “Designated Party” means any person or entity that is designated in published lists issued by the U.S. government or the United Nations or the European Union as a Specially Designated National or a Designated Person, a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker or any other similar designation that would prohibit Operator from engaging in a transaction with that individual or entity under applicable law), or the subject or target of any economic or trade sanction law or regulation or travel ban; (4) no employee or director or owner or shareholder or parent company or affiliate or subsidiary of the Client, and no Passenger is a Designated Party, or the subject or target of any economic or trade sanction law or regulation or travel ban; (5) in the event that the Client or any employee or director or owner or shareholder or parent company or affiliate or subsidiary of the Client, or any Passenger, becomes a Designated Party or the subject or target of any economic or trade sanction law or regulation or travel ban, then Client shall disclose such an event to Operator immediately; (6) baggage and cargo of the Client and that of all Passengers shall not violate any applicable export control laws. Without prejudice to the generality of the foregoing, the Client and all Passengers shall not take onto the aircraft or include in any baggage or cargo any: (i) arms or related materiel, including defense articles, defense services, or technical data that are controlled on the United States Munitions List (USML) established under section 38 of the Arms Export Control Act (22 U.S.C. § 2778), (ii) any item that is or would be, if located in the United States controlled by ECCNs OA-E521 or 600 series ECCNs, (iii) items used to facilitate the development or production of a chemical or biological weapon or other weapon of mass destruction and their means of delivery, including ballistic missiles, or (iv) items that would require separate authorization from the Office of Foreign Assets Control of the US Department of the Treasury or from any other U.S. Government agency; (7) the Client and the Passengers shall comply with any and all applicable economic and trade sanction laws and regulations which are applicable to them, including without limitation the economic and trade sanction laws and regulations enacted by the United States, the United Nations, and the European Union; (8) any and all information and documentation provided by the Client to Operator during Operator’s due diligence process are accurate and complete; (9) Operator may be legally bound to file reports to any competent authority concerning any breach by Client, or by any Passenger, of any applicable economic or trade sanction laws or regulations or Laws; (10) Operator may be required by applicable economic or trade sanction laws or regulations or Laws to block or freeze funds received from Client and which are within Operator’s possession or control. Such blocking or freezing of funds by Operator shall be affected without any liability to Client. Operator may furthermore and without liability to the Client or to any person named in (4) above, deal with and remit such funds in such manner as prescribed by the applicable economic or trade sanction laws or regulations or Laws and/or as prescribed to Operator by the relevant authorities. (11) the Client and the Passengers will not engage in or facilitate any activity that could lead Operator to breach any Laws, economic or trade sanction law or regulation or travel ban; (12) without prejudice to the foregoing, Operator may, without liability to Client or to any other person, refuse carriage to any person or refuse to operate any flight if, in the sole and absolute judgement of Operator, such carriage or the operation of such flight would result in violation (in any jurisdiction) of any enforcement order, warrant, law or regulation or economic or trade sanction law or travel ban; (13) without prejudice to the foregoing, Operator may, without liability to Client or to any other person, refuse carriage to any person if, in the sole and absolute judgement of Operator, such person has been convicted or adjudicated of a criminal offence in any jurisdiction: (i) related to drug possession or trafficking, human rights violations, terrorism, or to fraud, theft, bribery, corruption, money laundering, terrorist financing or other financial impropriety; and/or (ii) which, in the sole and absolute judgment of Operator, may bring Operator into disrepute; and/or (iii) which, in Operator’s reasonable opinion, is prejudicial to Operator’s interests.

1. Client hereby consents and gives permission to Operator to carry out due diligence or other screening activities (including background checks) on Client and Passengers. Moreover and without prejudice to the foregoing, Client shall promptly provide to Operator any and all information and documentation reasonably requested by Operator at any time in order for Operator to be able to perform its due diligence, screening, and assessment processes and procedures to ensure that no Passenger intended to be carried and no flight intended to be operated under the provisions of these GTCC violates any provision of these GTCC or any law or regulation or economic or trade sanction law or travel ban; and, if so required by Operator at any time the Client shall certify to Operator in writing compliance with this contractual provision, and shall promptly provide such supporting evidence of compliance as Operator may reasonably request.

1. Client and/or any Passenger shall not engage in any inappropriate conduct against any employee, agent, representative or contractor of Operator and/or the actual air carrier, which may include, but is no way, to, harassment (verbal or physical), threats, discrimination or acts of violence.

1. Operator may (without prejudice to all its other rights under the Services Agreement, under the GTCC, and at law) terminate the Services Agreement by means of written notice to the Client, with immediate effect, without need of judicial recourse, and without liability for compensation or damages (whether direct and/or indirect) of any type or nature in favour of the Client, in the event that: i. the Client breaches any representation, warranty, prohibition, undertaking or acknowledgment set forth in this Section 12 and fails to remedy (if such a breach is remediable in the sole discretion of Operator) that breach within 10 days of Client being notified in writing of the breach; or, ii. the Client and/or any of its directors and/or employees and/or owners and/or shareholders and/or parent companies and/or affiliates and/or subsidiaries becomes a Designated Party or the subject or target of any economic or trade sanction law or regulation or travel ban; or, iii. the Client and/or any Passenger has been convicted of a criminal offence related to human rights violations, terrorism, or to fraud, theft, bribery, corruption, money laundering, terrorist financing or other financial impropriety.

1. Furthermore, Client assumes all liability and shall indemnify, reimburse, and hold free and harmless Operator, its officers, directors, shareholders, employees, agents, and subcontractors (each an “Indemnitee”), from and against any and all claims, demands, suits, judgments, losses, fines, penalties, damages, costs, liabilities and causes of action, including costs and expenses incidental thereto, incurred or suffered by any Indemnitee by reason of or in connection with a breach or deemed breach by Client of any representation, warranty, undertaking or acknowledgement set forth in Section 12 above. This indemnity (i) (for the avoidance of doubt) is not, by any provision in the Services Agreement and (ii) will survive the termination or expiration of the flight and/or Services Agreement.

1. CONFIDENTIAL INFORMATION

Operator acknowledges that, as a result of Operator delivering flight services to the Client, Operator and its employees may learn confidential and proprietary information relating to the Client and/or Passengers (“Confidential Information”). Operator undertakes not to, and shall procure that its employees shall not, disclose such Confidential Information to any third party save:

• as required to deliver those flight services and any ancillary services requested by the Client and/or Passengers.

• where such Confidential Information is in or enters the public domain, other than as a result of a breach by Operator of its obligations hereunder;

• pursuant to a legal or regulatory requirement to disclose, deliver, communicate, or otherwise make available the Confidential Information to a third party.

• to the auditors and/or legal advisors and/or other professional advisors and/or bankers and/or any potential or actual investors or partners of Operator.

• to an affiliate or subsidiary or strategic partner of Operator (including to the officers, directors, employees, agents and advisors of the subsidiary, affiliate or strategic partner); or

• to protect Operator’s rights, property and safety and the rights, property and safety of the Client and/or Passengers, or others.

Provided however, that, Confidential Information shall not include Personal Data of the Client and of Passengers. Personal Data of the Client and of Passengers shall be held and processed by Operator in accordance with Section 7 above.