§ 1 Subject Matter of the Contract, Scope and Status of Luxiety
(1) Luxiety GmbH (hereinafter "Luxiety") offers services in the field of exclusive aviation as well as the organization of high-end travel services.
(2) Status for individual flight services (brokerage): If Luxiety only brokers individual flight services (in particular private jet charter flights, shared private jet flights, shared empty leg flights, semi-private jet flights, or individual scheduled flight tickets), Luxiety acts solely as a broker. The transportation contract is concluded directly and exclusively between the customer and the operating airline or operator in these cases. Luxiety does not operate any aircraft itself and is not an airline (carrier).
(3) Status for package tours (organizer): If Luxiety acts as a tour operator, a package tour is present. This is the case when Luxiety bundles at least two different types of travel services (e.g., a flight service combined with accommodation, a transfer, or significant concierge/additional services) for the purpose of the same trip in its own name for a total travel price. In this case, the legal provisions of travel contract law (§§ 651a ff. BGB) apply.
(4) These terms and conditions apply to all contracts, brokerage, and business relationships of Luxiety GmbH with consumers (B2C) and entrepreneurs (B2B).
§ 2 Definition of flight categories (pure brokerage)
(1) In the context of its brokerage activities, Luxiety distinguishes the following flight categories, in which Luxiety is never a contracting party to the transportation:
a) Private jet charter: brokerage of an individually chartered private jet flight according to the specific requirements of the customer with a licensed operator.
b) Shared private jet flights: Mediation of a flight in which several independent customers participate together and the total flight price is divided proportionally.
c) Empty leg flights: Mediation of already planned positioning flights of an airline, in which a customer participates.
d) Shared empty leg flights: Mediation of already planned positioning flights of an airline, in which several customers participate together.
e) Semi-private jet flights: Mediation of flights through contractually connected providers with fixed routes and flight times.
f) Scheduled flight mediation: Mediation of individual scheduled flight tickets through connected global booking systems (GDS) and distribution partners.
§ 3 Package tours and event services
(1) A package tour within the meaning of § 1 para. 3 only exists if the bundling of travel services occurs before the conclusion of the contract and is offered by Luxiety as a coordinated overall package in its own name.
(2) If the customer books such a package tour, Luxiety is obliged to provide the customer with a legally required travel security certificate (insolvency protection according to § 651r BGB) before the payment of the travel price. Without the handover of the security certificate, a deposit or final payment on the package tour price is not due.
(3) As far as Luxiety acts as a tour operator, the sales tax for the included travel services is determined according to the legal requirements of margin taxation for travel services (§ 25 UStG). A specification of the sales tax on these items does not occur in the invoice to the customer; a deduction of input tax is excluded for B2B customers in this respect.
§ 4 Conclusion of contracts and booking process
(1) Offers from Luxiety: All offers from Luxiety, whether for individual flights or package tours, are subject to change and non-binding until final confirmation and booking. They are particularly subject to the availability of the aircraft, airport slots, and the capacities of hotels or other service providers.
(2) Conclusion of individual flight services (intermediation):
The customer submits a binding order for intermediation with their confirmation of the offer in text form (e.g., via email, messenger, or booking link).
The intermediation contract with Luxiety is concluded with this confirmation.
The transport contract with the airline/operator, however, is only concluded at the moment when Luxiety forwards the binding booking confirmation from the operating airline to the customer or when Luxiety finalizes the booking on behalf of the customer with the operator.
(3) Conclusion of package tours (event):
With the confirmation of the package tour offer in text form, the customer makes a binding offer to Luxiety for the conclusion of a travel contract.
The travel contract is concluded upon receipt of the written or electronic travel confirmation (booking confirmation) by Luxiety at the customer.
Simultaneously with the travel confirmation, Luxiety will provide the customer with the legally required travel security certificate (§ 3 para. 2).
§ 5 Customer's obligations to cooperate and passenger data
(1) Accuracy of the data: The customer is obliged to provide Luxiety with all data and documents necessary for the performance of the services in full and correct text form at the time of the booking request, but no later than immediately after the conclusion of the contract. This includes in particular:
Complete and correct passenger names (exactly as listed in the identification document), dates of birth, and nationalities.
Valid passport or ID card data (including expiration date).
Exact information on luggage quantities, luggage dimensions, and any special or oversized luggage.
Information on special requirements (e.g., medical restrictions, reduced mobility, bringing pets, or special dietary requests for catering).
(2) Consequences of errors: Subsequent changes to passenger or flight data after booking must be coordinated separately. The customer bears all additional costs incurred as a result (e.g., rebooking fees from airlines or operators). Luxiety does not guarantee that subsequent changes can be implemented by the service providers at all.
(3) Entry, visa, and health regulations: The customer is personally and solely responsible for complying with all applicable entry, customs, visa, passport, and health regulations (e.g., vaccinations or entry forms) of the respective departure, transit, and destination countries. This applies to the customer themselves as well as to all passengers registered by them. Luxiety is not liable for damages or refusals of transport resulting from non-compliance with these regulations.
§ 6a Special conditions for shared private jet flights (Shared Flights)
(1) Shared private jet flights are flights that are scheduled at fixed or flexible times and involve multiple independent travel partners.
(2) The individual flight price per seat/passenger is based on the binding participation of all involved parties. The total flight will only take place if all participants confirm their booking bindingly and pay in full.
(3) By accepting the offer, the customer declares their binding participation in the shared flight.
(4) A cancellation or withdrawal after the customer has accepted the offer is excluded. In the event of a cancellation, withdrawal, or no-show, the customer remains obligated to pay 100 percent of the agreed flight price.
(5) This special regulation serves to protect the other passengers, as the withdrawal of a single party could jeopardize the execution of the total flight or lead to an unreasonable financial burden on the remaining participants.
(6) By confirming the offer, the customer expressly confirms that they have taken note of this special notice and agree with its content.
§ 6b Special conditions for empty leg flights (empty flights)
(1) Empty leg flights (whether as a shared flight per seat or as an exclusive charter) are positioning flights by airlines that occur solely because an aircraft must be transferred to another airport without passengers (e.g., after or before a regular charter flight of a third party).
(2) Absolute reservation of execution (No guarantee): There is no execution or performance guarantee for empty leg flights. Since the flight is entirely dependent on the main charter flight of the third-party customer, the operating operator can completely cancel the flight at any time – even at very short notice up to just before the scheduled departure – postpone it, or change the departure or destination airport.
(3) Operator's reservation of changes: The operator reserves the right to adjust the type of aircraft used (aircraft model), flight times, routing, and the maximum allowable number of passengers and baggage on board at any time and without prior notice to operational necessities.
(4) Legal consequences in case of cancellation or change (Refund):
If an empty leg flight is canceled by the operator or if flight times, airports, or the type of aircraft change so significantly that the change is unacceptable to the customer, the customer may reject the change.
In this case, the flight price paid by the customer to Luxiety will be fully refunded.
Further claims excluded: Any further claims by the customer against Luxiety (e.g., for damages for missed connections, alternative transport costs/scheduled flights, hotel accommodations, or compensation) are completely excluded unless Luxiety has caused the cancellation intentionally or through gross negligence.
(5) Customer's payment obligation in case of self-cancellation: If the empty leg flight is carried out as planned, the strict rules for special flights apply to the customer – regardless of whether it is a shared or exclusive empty flight: A customer cancellation or withdrawal after booking is excluded; in case of no-show or self-cancellation, the agreed flight price is forfeited 100 percent.
(6) By confirming the empty leg offer, the customer expressly confirms that they have understood the inherent risk of an empty flight and fully agree to these terms.
§ 7 Prices, Due Dates, and Payment Terms
(1) Binding nature of the price: The price stated in the offer is binding for the services listed there.
(2) Excluded flight-related additional costs: Not included in the price are short-term, unforeseeable, and flight-related additional costs that are not directly influenced by Luxiety. These will be charged separately to the customer. This includes in particular:
Actual de-icing costs of the aircraft.
Subsequent rebooking or route change costs requested by the customer.
Additional airport special fees (e.g., due to unforeseen extension of opening hours/waiting times at the customer's request).
Special catering that goes beyond the standard of the booked flight.
(3) Due date for private jet charter (brokerage):
The total brokerage and flight price is due for payment immediately after invoicing without deduction.
The firm booking and release of the flight with the executing operator occurs exclusively after the complete and irrevocable receipt of payment at Luxiety. Upgrades, final slot guarantees, or the availability of the aircraft are non-binding until payment is received. The operator is entitled to allocate the jet to another party in case of payment delay.
(4) Due date for scheduled and semi-private jet flights (brokerage):
The ticket price is due for payment immediately upon booking. The ticket will only be issued after full payment has been received. In case of late payment, Luxiety does not guarantee the retention of the original fare or seat availability.
(5) Due date for package tours (event):
After the conclusion of the travel contract and only after the delivery of the travel security certificate (§ 3 para. 2), a deposit becomes due. The amount of the deposit and the timing of the final payment are based on the information in the respective booking confirmation.
§ 8 Withdrawal and cancellation by the customer
(1) Cancellation of private jet charters (brokerage): The customer can withdraw from a mediated private jet charter contract at any time before the planned flight departure (cancellation). In the event of such a withdrawal, Luxiety or the executing operator – unless different conditions of the operator have been agreed upon in the individual case – are entitled to the following flat-rate cancellation fees:
Up to 14 days before the planned departure: 10% of the flight price (minimum €1,000)
13 to 3 days before the planned departure: 40% of the flight price (minimum €1,500)
72 to 24 hours before the planned departure: 75% of the flight price (minimum €2,000)
Less than 24 hours before the scheduled departure or in case of no-show: 100% of the agreed flight price.
Note on the burden of proof: The customer is expressly permitted in all the aforementioned cases to prove that Luxiety or the operating operator has incurred no or significantly less damage than the demanded flat rate.
(2) Priority of the operator's conditions: The cancellation conditions of the respective operating airline (operator) may differ from the flat rates in paragraph 1 (especially for international flights or peak season bookings). The operator's cancellation conditions will be communicated separately to the customer as part of the offer and take precedence.
(3) Cancellation of scheduled and semi-private jet flights (intermediation): For pure scheduled and semi-private jet flights, withdrawal, cancellation, and rebooking are solely governed by the fare rules of the respective booked airline. Any refund claims exist solely in the direct relationship between the customer and the airline.
(4) Cancellation of package tours (event): If the customer withdraws from a booked package tour, Luxiety loses the right to the agreed travel price but may demand reasonable compensation. The amount of this compensation is determined by the travel price minus the value of the expenses saved by Luxiety and minus what Luxiety acquires through other use of the travel services. The exact scales for package tours will be separately indicated to the customer before booking.
(5) The regulations of this paragraph expressly do not apply to shared flights and empty legs according to § 6.
§ 9 Termination for good cause by Luxiety
(1) Luxiety is entitled to terminate the brokerage contract (for individual flights) or the travel contract (for package tours) with immediate effect for a valid reason by notifying in text form if:
a) the customer fails to fulfill their contractual obligations (especially the obligation to make timely and complete payment according to § 7) after an unsuccessful deadline has been set or seriously and definitively refuses to fulfill them;
b) the customer or their passengers do not present the necessary official documents, visas, or passport data for the execution of the flight or trip in a timely manner despite being requested to do so;
c) an insolvency proceeding is applied for or opened regarding the customer's assets, the customer provides a sworn statement about their financial situation, or there are concrete, objective indications of an impending insolvency of the customer;
d) it is proven or urgently suspected that the customer, their passengers, or economically related third parties violate international sanction lists (e.g., EU or OFAC sanctions) or fundamental security regulations of international aviation;
e) the planned flight or trip becomes impermissible due to official prohibitions, embargoes, or government requirements in the departure, transit, or destination country.
(2) In the event of a justified termination or withdrawal by Luxiety for a reason attributable to the customer (especially in cases of violations according to paragraph 1 lit. a to d), Luxiety retains the right to the agreed remuneration or cancellation fees according to § 8 paragraph 1 or paragraph 4.
§ 10 Flight cancellations, delays, and operational disruptions (AOG regulations)
(1) Disclaimer for operational disruptions: Since Luxiety acts solely as an intermediary for flight services, Luxiety assumes no responsibility or liability for delays, cancellations, route changes, or failures at departure or arrival. The sole responsibility for the execution and safety of the flight lies with the operating airline (Operator). This particularly applies to disruptions caused by:
Force majeure, extreme weather conditions, or meteorological restrictions.
Delays in the granting of overflight, entry, or landing permits, as well as the allocation of airport slots by air traffic control (ATC).
Strikes, lockouts, or governmental measures.
Unforeseeable technical defects on the aircraft (AOG – Aircraft on Ground).
(2) Duty to assist in case of flight cancellation / AOG: If a booked flight is canceled for reasons beyond Luxiety's control (especially in the case of AOG of the intended jet), Luxiety will make every effort and exercise due diligence to arrange equivalent alternative transportation for the customer (e.g., with another aircraft or through another operator).
(3) Costs of alternative transportation:
Any additional costs incurred due to the arrangement of an alternative aircraft (e.g., because only a larger or more expensive jet is available at short notice) are to be borne by the customer, unless the operating operator assumes these costs under its own transportation conditions.
Luxiety makes no guarantee for the availability of an alternative aircraft and is not liable for delay damages or consequential costs to the customer.
(4) Withdrawal in case of complete failure: If no suitable replacement flight can be arranged or if the customer rejects an offered, objectively equivalent replacement offer, both parties are entitled to withdraw from the brokerage contract. In this case, Luxiety will refund any amounts already paid by the customer, but reserves the right to deduct any actual incurred and non-refundable third-party costs (e.g., already provided catering services or airport handling fees).
(5) Disruptions in scheduled and semi-private jet flights: In the event of cancellations or delays in scheduled and semi-private jet operations, all claims of the customer (e.g., for compensation, rebooking, or assistance) are exclusively governed by the legal provisions (e.g., EU Flight Passenger Rights Regulation VO 261/2004) directly against the operating airline.
§ 11 Liability and Limitation of Liability of Luxiety
(1) Liability for pure brokerage services (individual flights):
In the brokerage of individual flight services (§ 1 para. 2), Luxiety is solely liable for the proper and careful selection of the operators as well as the proper execution of the brokerage order.
Luxiety is expressly not liable for poor performance, non-performance, or insolvency of the airlines or other service providers brokered.
In cases of slightly negligent brokerage errors, Luxiety's liability is limited to three times the value of the brokered service price. This limitation does not apply in cases of injury to life, body, or health.
(2) Liability for package tours (events):
If Luxiety acts as a tour operator (§ 1 para. 3), liability is governed by the legal provisions of travel contract law.
The contractual liability of Luxiety for damages that do not result from injury to life, body, or health and were not caused by fault is limited to three times the travel price.
(3) General liability rules:
For intent and gross negligence, Luxiety is fully liable according to the statutory provisions.
Luxiety is not liable for damages that are based on incorrect, incomplete, or late information provided by the customer (e.g., incorrect passenger data, disregard of baggage limits).
§ 12 Indemnification and liability of the customer for damages
(1) Responsibility for passengers: The customer is fully responsible for the behavior of all passengers registered by him or transported under the contract. He ensures that the passengers comply with the safety instructions of the onboard staff (crew) and adhere to the applicable aviation safety regulations.
(2) Liability for property damage (vandalism / pollution): The customer agrees to indemnify Luxiety from all claims, costs, damages, or demands that arise from the fault of the customer or his passengers against the operating airline (operator), hotel operator, or other service providers. This particularly applies to:
Extraordinary contamination of the aircraft interior, hotel rooms, or transfer vehicles (e.g., due to parties, pets, or disregard of the smoking ban), which necessitate professional special cleaning or the temporary unavailability of the aircraft (AOG).
Deliberate or negligent damage to the interior, technical equipment, or inventory.
(3) Customs and Authority Penalties: If Luxiety or the executing operator incurs costs or fines due to authorities because the customer or their passengers carry prohibited items (e.g., weapons, illegal substances) or violate customs, immigration, or foreign exchange regulations, the customer is obliged to reimburse Luxiety for these costs in full and to indemnify against all third-party claims.
§ 13 Data Protection
(1) Luxiety processes personal data of the customer and passengers solely for specific purposes, to fulfill the brokerage or travel contract and in accordance with the provisions of the European General Data Protection Regulation (GDPR) as well as the Federal Data Protection Act (BDSG).
(2) Data transfer to third parties: To carry out the flights and services in accordance with the contract, Luxiety is entitled and obliged to transmit relevant data (especially passenger names, passport data, birth dates, baggage details) to the respective executing airlines, handling companies (FBOs), border authorities, hotels, or transfer service providers in Germany and abroad. No transfer for marketing purposes to unrelated third parties will take place.
(3) The complete data protection provisions and rights of the affected parties can be viewed in the separate privacy policy on the Luxiety website.
§ 14 Final Provisions
(1) Requirement for Text Form: Changes, additions, or side agreements to these terms and conditions or the underlying contract require text form (e.g., via email, messenger, or booking platform) for their effectiveness. This also applies to the repeal of this text form requirement itself.
(2) Applicable Law: The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Sales Law (CISG). For consumers, this choice of law applies only to the extent that the granted protection is not removed by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(3) Jurisdiction: If the customer is a merchant within the meaning of the Commercial Code (HGB), a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from or in connection with this contract shall be Hamburg.
(4) Severability Clause: Should any provision of these terms and conditions be wholly or partially ineffective, unenforceable, or incomplete, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective or unenforceable provision, the effective provision that comes closest to the economic purpose of the original provision shall be deemed agreed.