General Terms and Conditions (GTC) of Luxiety GmbH

§ 1 Subject matter and scope of application

(1) Luxiety GmbH arranges exclusive flight services in the field of business aviation, in particular private jet charter flights, shared private jet flights, shared empty leg flights, as well as scheduled and semi-private jet flights. Luxiety GmbH does not operate any aircraft itself and is not an airline.

(2) The subject matter of these General Terms and Conditions is exclusively the brokerage of contracts of carriage between the customer and the respective operating airline or operator. The contract of carriage is concluded directly between the customer and the respective airline.

(3) Luxiety acts on behalf of and with the authority of the customer when concluding the contracts of carriage.

(4) These General Terms and Conditions apply to all agency services provided by Luxiety GmbH to consumers and entrepreneurs.


§ 2 Types of contracts

(1) Luxiety distinguishes between the following service categories:

a) Private jet charter
Arrangement of an individually chartered private jet flight according to the customer's requirements. The contract of carriage is concluded between the customer and the operating air carrier.

b) Shared private jet flights
Arrangement of a flight in which several independent customers participate together. The total flight price is divided proportionally between the parties involved.

c) Shared empty leg flights
Arrangement of an airline's already planned positioning flights in which several customers participate jointly. The flight will only take place if all parties commit to participating.

d) Semi-private jet flights
Arrangement of flights via contractually affiliated providers with fixed routes and flight times.

e) Scheduled flight booking
Booking of scheduled flights via affiliated booking systems and sales partners.

(2) In all of the above cases, Luxiety acts exclusively as an agent and is not a contractual partner for the flight service.


§ 3 Conclusion of the respective brokerage agreements

(1) A brokerage contract with Luxiety is concluded as soon as an offer from Luxiety is confirmed by the customer in text form (electronically or by post).

(2) Offers are non-binding until accepted. The brokerage service shall be remunerated as soon as a contract of carriage has been successfully concluded.

(3) The customer is obligated to provide Luxiety or the airline with all data and documents necessary for the execution of the flight in a timely manner. This includes, in particular, complete passenger data, passport or ID information, visa requirements, as well as information on baggage and special requests. The customer is responsible for complying with all applicable entry and health regulations. (4) The customer is obligated to provide Luxiety or the airline with all data and documents necessary for the execution of the flight in a timely manner. This includes, in particular, complete passenger data, passport or ID information, visa requirements, as well as information on baggage and special requests. The customer is responsible for complying with all applicable entry and health regulations.

(4) The terms and conditions of carriage and the general terms and conditions of the operating airline shall also apply to the arranged flight. The customer acknowledges their validity upon conclusion of the contract.


§ 4 Obligations for private jet bookings

(1) Luxiety undertakes to explore suitable offers from approved airlines in the field of private jet brokerage based on customer requirements.

(2) The customer shall ensure that all information (passenger details, number of persons, special requests, luggage, etc.) is correct. Changes after acceptance of the offer must be agreed separately and may incur additional costs.

(3) The flight is carried out by the airline on its own responsibility. Luxiety assumes no liability for the execution of the flight.


§ 5 Obligations for scheduled flight and semi-private jet bookings

(1) Luxiety arranges airline tickets for scheduled flights via selected, professional booking systems and distribution partners. The contract of carriage is concluded exclusively between the customer and the operating airline. In this context, Luxiety acts as an agent and not as a contractual partner for the flight service.

(2) The respective airline is solely responsible for the execution of the flight, the fare conditions, and any changes or claims (e.g., rebooking and cancellation policies). Luxiety is not liable for service disruptions in scheduled flight operations.

(3) The customer is obliged to provide complete and correct data at the time of booking and to inform himself/herself independently about entry requirements and baggage regulations.


§ 6 Pricing and payment

(1) The price stated in the offer is binding, subject to unforeseen additional costs (e.g., de-icing, taxes, fees, rebooking costs, special landing rights, additional catering, fuel surcharges, or special airport fees).

(2) Additional payment regulations according to booking category

a) Private jet charter: For charter flights with private jets, the entire travel price is due for payment immediately after invoicing. The flight will only be booked once full payment has been received. Until then, only a non-binding reservation exists without any claim to execution. Luxiety expressly points out that the respective air carrier is entitled to allocate the reserved flight time elsewhere as long as no confirmed booking (after payment) has been made.

b) Semi-private jet and scheduled flights: Even when booking scheduled flights or semi-private flight offers, tickets or seats will only be reserved once full payment has been received. Late payment may result in price changes or the loss of the originally requested conditions. Luxiety does not guarantee price or seat availability in the event of delayed payment.

(3) Any special services booked (e.g., transfers) will be listed separately in the offer.


§ 7 Revocation and cancellation policy

(1) The customer may cancel the booked private jet service at any time prior to departure. The following cancellation fees apply:

up to 14 days before departure: 10 % of the flight price (minimum € 1,000)

13 to 3 days before departure: 40 % of the flight price (minimum € 1,500)

72 to 24 hours before departure: 75% of the flight price (minimum € 2,000)

less than 24 hours before departure or no-show: 100%

(2) The aforementioned cancellation fees apply unless otherwise specified by the operating airline (operator). The operator's respective cancellation conditions may differ from these and will be communicated to the customer separately as part of the brokered contract of carriage and set out in the contract. These take precedence. (3) The customer is obliged to pay the operator any costs incurred by the operator as a result of the customer's cancellation.

(3) For scheduled flights and semi-private jet flights, cancellations and rebookings are subject to the terms and conditions of the airline booked. Any claims for reimbursement shall be made exclusively against the airline.

(4) Luxiety is entitled to terminate the agency agreement with immediate effect by written notice if one of the following reasons applies:

a) The customer suspends or ceases to fulfill essential contractual obligations or expressly threatens to do so.

b) Based on Luxiety's objective assessment, it is to be expected that the approvals, licenses, or official permits required for the planned flight will not be granted or maintained in a timely manner.

c) The customer or a partner with whom they are economically affiliated suspends payments or declares insolvency.

d) After conclusion of the contract, it becomes apparent that the customer or an economically related third party is not in a position to fulfill their payment obligations on a permanent basis.

e) Insolvency proceedings or comparable judicial or administrative proceedings concerning the customer's assets are opened or applied for, transferring control of the customer's assets to an external body.

f) An application for the appointment of an insolvency administrator or comparable body is filed or has already been ordered by a court.

(5) In the event of extraordinary termination by Luxiety, the cancellation provisions agreed in the contract shall apply accordingly.

(6) These provisions shall not apply to split flights pursuant to § 8.


§ 8 Special conditions for shared private jet flights and shared empty leg flights

(1) Shared flights are a special form of flight brokerage. The individual flight price for each customer is based on the binding participation of all parties involved.

(2) By accepting the offer, the customer declares his binding participation in the shared flight.

(3) Cancellation or withdrawal after acceptance of the offer is excluded.

(4) In the event of cancellation, withdrawal, or no-show, the customer remains obligated to pay 100 percent of the agreed flight price.

(5) This provision serves to protect the other travelers, as the withdrawal of one participant would result in additional financial burdens for the remaining parties.

(6) Rebooking or refunds are excluded unless expressly agreed otherwise in writing.

(7) Luxiety is entitled, but not obligated, to arrange for replacement participants.


Section 9 Technical restrictions

(1)Luxiety endeavors to provide digital booking services without disruption, but cannot guarantee continuous availability. Scheduled maintenance or technical failures may limit the service.


§ 10 Flight cancellations, delays, and replacement flights in the private jet service

(1) Luxiety accepts no responsibility for delays in departure or arrival, unless these are due to an intentional or grossly negligent breach of duty by Luxiety within the scope of the agency contract. .

(a) These include, among other things, air traffic control disruptions, airline staff shortages, strikes, official measures, war, political unrest, pandemics, bad weather conditions, or operational restrictions on the aircraft used due to previous operations.

(b) Insofar as legal regulations or the airline's conditions of carriage apply, the airline is solely responsible for claims in connection with delays.

(2) If a booked flight is canceled in whole or in part for reasons beyond Luxiety's control, Luxiety will make every effort to arrange equivalent alternative transportation for the customer. This may also include arranging a flight with another airline or at a different time.

(3) Luxiety does not guarantee the availability of a replacement flight and is not liable for any resulting delays, additional costs, or other disadvantages, unless the cancellation is due to an intentional or grossly negligent breach of duty on the part of Luxiety.

(4) If the customer rejects an offered replacement flight without a justifiable reason, they shall not be entitled to a refund or compensation. Luxiety shall decide on the equivalence of the replacement flight at its own discretion.

(5) The customer may withdraw from the contract in cases of complete cancellation if no reasonable alternative flight can be offered. In this case, Luxiety will refund any amounts already paid, less any incurred, non-cancellable third-party costs.


§ 11 Flight cancellations, delays, and replacement flights for scheduled and semi-private flights

(1) In the event of cancellation, delay, or other non-performance of a scheduled or semi-private flight, the sole responsibility and liability lies with the operating airline. In such cases, Luxiety acts exclusively as an agent and is not a contractual partner for the transportation service.

(2) Any entitlement to rebooking, alternative transportation, refund, or compensation is governed exclusively by the applicable fare and conditions of carriage of the respective airline and the relevant statutory provisions (e.g., EU Regulation 261/2004).

(3) Luxiety accepts no liability for flight cancellations, diversions, delays, or any consequential damages resulting therefrom. In the event of service disruptions, customers are requested to contact the respective airline or its ground handling staff directly. .


§ 12 Data protection

(1) Luxiety processes personal data exclusively for the purpose of fulfilling contracts and in accordance with the GDPR. Data processing is carried out only by commissioned, trustworthy service providers.

(2) Relevant booking data will be transmitted to participating airlines or third-party providers to the extent necessary for the fulfillment of the contract.


§ 13 Liability

(1) Luxiety is liable for willful or grossly negligent breach of duty.

(2) Luxiety shall not be liable for non-performance or delays due to force majeure, in particular natural disasters, war, strikes, pandemics, technical defects, air traffic controller strikes, or unforeseeable flight schedule changes.

(3) Luxiety shall not be liable for any omissions or breaches of duty on the part of the operating airline. The airline is solely responsible for the operational execution of the flight, safety, crew, aircraft, and procedures.

(4) In the event of brokerage errors, liability is limited to the brokerage fee paid. Luxiety is not liable for consequential damages or lost profits.

(5) The customer shall indemnify Luxiety against all claims by third parties resulting from a culpable breach of their obligations to cooperate, incorrect information, or non-compliance with legal regulations.


§ 14 Selection of airlines

(1) Luxiety makes no representations or warranties regarding the economic performance, suitability, technical equipment, or other suitability of the airlines or other third-party providers it mediates. The selection is made exclusively on the basis of official approvals and with due care, but cannot give rise to any liability for their performance or conduct.

(2) Luxiety shall not be liable for delays or non-fulfillment of contractual obligations if these are due to circumstances beyond Luxiety's control. These include, in particular, errors, omissions, or insolvencies on the part of the airline or other service providers involved. (3) Luxiety shall not be liable for damages resulting from the fulfillment of contractual obligations if these are due to circumstances beyond Luxiety's control. These include, in particular, errors, omissions, or insolvencies on the part of the airline or other service providers involved.

(3) The customer undertakes to indemnify Luxiety and its employees and agents against all claims, damages, demands, or costs, provided that these are based on

a) Breaches of contract by the customer,

b) Actions or omissions by passengers or third parties commissioned by the customer,

c) Third-party claims in connection with the arranged flight,

  can be attributed to.

(4) Verbal or written side agreements, information, or assurances shall only have legal effect if they have been expressly confirmed in writing by a person authorized to sign on behalf of Luxiety.


§ 15 Final provisions

(1) Amendments or additions to these General Terms and Conditions must be made in writing. This also applies to the waiver of this written form requirement.

(2) The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes is Hamburg, provided that the customer is a merchant or a legal entity under public law or does not have a general place of jurisdiction in Germany. .

(3) Should any provision of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid provision shall be deemed to have been agreed upon that comes as close as possible to the economic purpose of the original provision. The same shall apply in the event of a loophole. (4) The parties agree that any dispute arising from or in connection with these General Terms and Conditions shall be settled exclusively by the courts of the city of Berlin.

As of January 2026