Wednesday 23 May

Welcome to Lux Jet - Private Jet Share

 

Terms & Conditions

THESE TERMS AND CONDITIONS SHALL APPLY TO ALL CONTRACTS FOR THE PURCHASE OF AIRCRAFT SEATS ARRANGED BY LUX-JET ACTING AS AGENT FOR AN OPERATOR.

 

FOR THE AVOIDANCE OF DOUBT, THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A CONTRACT FOR CARRIAGE BY AIR. CARRIAGE IS ALWAYS SUBJECT TO THE CONDITIONS OF CARRIAGE OF THE OPERATOR. A COPY OF THE CONDITIONS OF CARRIAGE OF THE OPERATOR IS AVAILABLE ON REQUEST.

 

LUX-JET SHALL HAVE NO LIABILITY WITH RESPECT TO THE OPERATION OF THE ITINERARY OR AIRCRAFT AND ANY CLAIMS ARISING OUT OF SUCH OPERATION MUST BE DIRECTED TO THE OPERATOR. CLIENTS SHOULD PAY PARTICULAR ATTENTION TO CLAUSES 4 AND 5 BELOW.

 

LUX-JET MAY AT ANY TIME AMEND THESE TERMS AND CONDITIONS BUT EXISTING BOOKINGS SHALL REMAIN GOVERNED BY THE TERMS AND CONDITIONS APPLICABLE AT THE TIME OF BOOKING.

 

1.   DEFINITIONS AND INTERPRETATION

1.1   In these Conditions:

1.1.1   except where the context makes it inappropriate, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;

1.1.2   headings are given for convenience only and shall not affect interpretation;

1.1.3   references to a person include natural persons, corporate and unincorporated bodies.

1.2   In these Conditions the following terms shall have the following meanings:

 

'Aircraft'

means an aircraft for the time being operated by an Operator for the provision of an Itinerary; 

'Booking Confirmation'

means the email confirmation of the booking of a seat on an Aircraft provided by Lux-jet to the Client; 

‘Client'

means the person registered with Lux-jet who books aircraft seats through Lux-jet's website [identified in the Booking Confirmation and also as the member]; 

'Conditions'

shall mean these terms and conditions; 

'Contract'

means the contract between Lux-jet and the Client pursuant to which Lux-jet shall make available seats on the Aircraft in accordance  with the Flight Schedule;

 ‘Frequently Asked Questions’

 means the frequently asked questions section of Lux-jet’s website;

           

'Lux-jet'  

means Lux-jet Aviation Limited of [Suite 4b, 43 Berkeley Squaure

Mayfair,London W1J 5FJ]

'Itinerary'

means the place of departure, place of destination and any stopping points, together with indications of departure and arrival dates and times [set out in the Booking Confirmation;] 

'Operator'

means the independent licensed air transport undertaking that is the actual operator of the Aircraft for the Itinerary; 

'Operator’ Conditions

means the Operator's terms and conditions of carriage for passengers and baggage current at the time a Booking Conformation is issued; 

'Passenger'

shall mean any person whose seat has been booked and paid for by the Client; 

'Paypal'

means the online payment facility as operated by PayPal (Europe) S.à r.l. & Cie, S.C.A; 

'Price'

means the price payable by the Client for the seat bookings and Itinerary referenced in a Booking Confirmation; 

'Skrill'

means the online payment facility operated by Moneybookers Ltd. 

'STD'

means the scheduled time of departure in the Itinerary.


2.   RESPONSIBILITIES

2.1   The Contract shall come into existence when Lux-jet issues a Booking Confirmation to the Client.  These Conditions shall apply to the Contract.

2.2   This Contract does not constitute a contract for carriage.  Lux-jet does not act as a common carrier or any other type of carrier in respect of any of its obligations under this Contract. Lux-jet acts solely as agent for the Client and the Operator.  Acceptance or performance by Lux-jet of any of its obligations under this Contract does not impute to it any liabilities of the Operator as carrier.

2.3   The Client shall be responsible for arriving (and procuring that Passengers arrive) at the specified check-in point at the departure airport in sufficient time and complying (and procuring that Passengers comply) with the Operator's Conditions, including but not limited to luggage restrictions (as described in the Frequently Asked Questions), the carriage of pets and behaviour onboard the Aircraft. If a Client or any Passenger fails to arrive in sufficient time in order to participate in an Itinerary or is denied boarding because of a failure to comply with the Operator's Conditions, Lux-jet shall be under no liability whatsoever to the Client or the Passenger, nor shall it be under any obligation to make alternative travel arrangements for the Client or the Passenger. Should the Client request Lux-jet's assistance with alternative travel arrangements, the Client shall pay any additional charges in respect of such alternative arrangements.

2.4   The Client acknowledges that smoking is prohibited on all Aircraft and the Client shall indemnify Lux-jet and other Lux-jet clients and passengers against any and all claims or liabilities arising out of the Client or any Passengers failing to comply with this clause 2.4.

2.5   The Client accepts full responsibility for the conduct of the Passengers for whom he has purchased seats. The Client acknowledges that in respect of the contract of carriage by air of each Passenger it acts as the Passenger’s agent. All liabilities in relation to the carriage by air of Passengers and their baggage shall be governed by the Operator’s Conditions. The Client shall ensure that each Passenger receives proper notice of the carrier liability provisions and has received and agreed to the Operator's Conditions prior to a booking being made.

2.6   The Client acknowledges that the maximum number, weight and dimensions for both carry on and hold baggage is as stipulated in the Frequently Asked Questions. The Client further acknowledges that failure to comply with these requirements may result in the Operator refusing to carry the baggage concerned on the Aircraft and that Lux-jet assumes no liability whatsoever for such refusal.

2.7   Where an Operator makes Lux-jet aware of changes to an Itinerary, Lux-jet shall endeavour to communicate such changes to the Client [through the 'my Lux-jet booking summary' on the Lux-jet website and/or] by way of email. Lux-jet shall be under no liability whatsoever for any failure to communicate such changes to the Client.

2.8   If the Aircraft is diverted from landing at its intended destination or is forced to return to base for reasons beyond the reasonable control of the Operator, Lux-jet shall use its reasonable endeavours to provide assistance to the Client and his Passengers as regards the sourcing of alternative means of transport for completion of their Itinerary. The cost of any alternative transportation shall be paid directly by the Client to the third party provider concerned, and any contract for carriage shall be concluded directly between the Client and that third party. The Client acknowledges that whilst Lux-jet may provide assistance in arranging alternative means of transport, it shall not act as agent or as principal in the provision of such transport.

2.9   If:

2.9.1   an Aircraft is detained (whether lawfully or otherwise) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise) making completion of the Itinerary impossible; or

2.9.2   the Operator or the relevant Aircraft has an administrator, receiver, trustee or other similar person acting on behalf of a lawful authority, appointed over all or part of its assets or business and as a result the Operator is unable to perform the Itinerary at the same cost; or

2.9.3   the Operator becomes insolvent, enters into liquidation or ceases to trade;

Lux-jet shall use its reasonable endeavours to source an alternative operator who is able to provide the Itinerary (or remaining parts thereof) at a similar cost.

2.10   If an alternative operator is sourced for the provision of the Itinerary under clause 2.9, Lux-jet shall make details of the alternative arrangements available to the Client who shall be entitled to accept or decline the offer of alternative arrangements. Where the Client declines such an offer, he is entitled to a refund from Lux-jet of the Price paid in relation to the Itinerary except for that part of the Price which has already been paid by Lux-jet to the Operator, for which the Client's recourse lies with the Operator only.

2.11   Where an offer of alternative transport arrangements is accepted pursuant to clause 2.10, the Client shall be responsible for any cost over and above the Price paid by the Client for the Itinerary prior to any event described in clause 2.9 occurring.


3.   CANCELLATION AND CHANGES

3.1   The Client may cancel the Contract at any time prior to the STD by written notice to Lux-jet.  Cancellation by the Client shall be subject to the following cancellation charges:

3.1.1   100% of the Price where notice is received by Lux-jet less than 14 days prior to the STD or no notice is given by the Client;

3.1.2   25% of the Price where notice is received by Lux-jet 14 days or more prior to the STD;

3.1.3   no cancellation charge is payable where notice is received by Lux-jet 14 days or more prior to the STD if notice is given to Lux-jet within 48 hours of the Client’s receipt of the Booking Confirmation.

3.2   Lux-jet may apply any monies received in satisfaction of any cancellation charges payable.

3.3   Following the issue of a Booking Confirmation the Client may request a change in the passenger details up to 7 days prior to the STD subject always to Lux-jet's right to refuse such requests on reasonable grounds.

3.4   Lux-jet may terminate this Contract by written notice to the Client if the Client commits a material breach of this Contract which cannot be remedied or which, if capable of remedy, is not remedied within such reasonable time as Lux-jet shall require.


4.   EXCLUSION OF LIABILITY

4.1   Carriage performed pursuant to this Contract shall be subject to the Operator's Conditions. The Client hereby acknowledges and accepts that Lux-jet shall have no liability whatsoever with respect to the operation of the Itinerary or the Aircraft and that any claims arising out of the operation of the Itinerary or Aircraft must be directed to the Operator. Lux-jet shall provide the Client with a copy of the Operator’s Conditions on request. The Client should be aware that the liability of the Operator to the Client and any Passengers may be limited.

4.2   Lux-jet shall have no liability to the Client or to any Passenger in respect of any variation to or cancellation of an Itinerary by the Operator (regardless of the reason for the variation or cancellation) and the Client acknowledges that in any such event he shall have recourse against the Operator only.

4.3   Lux-jet shall be under no liability to any Client or to any Passenger for any failure by Lux-jet to perform its obligations under this Contract which arises from any reason which is not within Lux-jet's reasonable control which shall include (but not be limited to) labour disputes, strikes or lock-outs, weather conditions, war, terrorist acts, fire or the order of any court or government or regulatory authority.

4.4   Lux-jet shall have no liability for any pure economic loss, loss of profit, loss of business, loss of revenue or depletion of goodwill in each case whether direct, indirect, or consequential or for any claims for consequential loss or compensation which arise out of or in connection with this Contract.

4.5   Nothing in this clause 4 limits or excludes the liability of Lux-jet for death or personal injury caused by Lux-jet’s negligence or wilful misconduct or for any matter for which it would be illegal for Lux-jet to exclude or attempt to exclude its liability.


5.   CUSTOMER INDEMNITY

5.1   The Client shall indemnify Lux-jet and keep Lux-jet indemnified against any and all claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs) and expenses arising out of his conduct and/or non compliance with these Conditions or the Operator's Conditions, and where relevant, the conduct (and/or non-compliance with these Conditions or the Operator’s Conditions)  of any Passengers travelling under the Client’s Booking Confirmation, whether during carriage on board an Aircraft or otherwise.


6.   PAYMENT TERMS

6.1   The Price shall be paid in full by the Client immediately on booking a seat on an Aircraft.

6.2   The following payment methods are accepted:

6.2.1   Bank transfer to the Lux-jet account specified in the Frequently Asked Questions;

6.2.2   Debit or credit card;

6.2.3   Payments through Skrill, PayPal or other online payment systems (please see the Frequently Asked Questions for further information);

6.3   All prices will be quoted in Pounds Sterling and payments under these Conditions will only be accepted in Pounds Sterling.

6.4   Payment through a verified Paypal account is limited to £5,500 per transaction. Where the total cost of a transaction exceeds £5,500, the maximum of £5,500 will be payable through PayPal and a member of the Lux-jet operations team will contact the Client to advise on the best method for payment of the balance due.

6.5   Where the Client does not hold a verified Paypal account but wishes to effect payment through Paypal, the Client is limited to total transactions of £1,900 in any given calendar year. In order to enter into any transactions which in aggregate exceed the limit of £1,900 in any one calendar year the Client will need to apply for Paypal verification (please see the Frequently Asked Questions for further details).


7.   GENERAL

7.1   These Conditions set out the entire agreement and understanding between the Client and Lux-jet in relation to the purchase of aircraft seats. Neither party has relied upon representations made to it by the other party, whether written or oral, except as is expressly contained in these Conditions.

7.2   No failure by Lux-jet to exercise and no delay by Lux-jet in exercising any right or remedy under these Conditions shall operate as a waiver thereof nor shall any single or partial exercise of any right  or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided for in these Conditions are cumulative and are not exclusive of any rights or remedies provided by law.

7.3   The Client shall not be entitled to assign or transfer this Contract.

7.4   These Conditions may not be varied except with the written agreement of Lux-jet.

7.5   A person who is not a party to this Contact shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.


8.   LAW AND JURISDICTION

8.1   This Contract and these Conditions shall be governed by and construed in accordance with English law.

8.2   The English courts shall have exclusive jurisdiction in relation to any dispute which arises out of or in connection with this Contract and/or these Conditions.