General Terms & Conditions

1. Scope

These General Terms and Conditions are an integral part of all Charter Quotes concluded between LUMINAIR GmbH (hereinafter „LUMINAIR“) and its contractual partners (hereinafter the „Customer“).

General terms and conditions provided by the Customer shall not form part of any contract or other agreement between LUMINAIR and the Customer unless both Parties have explicitly agreed otherwise in written form.

2. Definitions

A „Customer“ shall mean the person(s) that have entered into a contract with LUMINAIR, which includes these Terms and Conditions.

„Passenger(s)“ shall mean the natural person(s) who is/are on board the aircraft and will fly regardless of whether they have entered into any direct contract with LUMINAIR.

3. Conclusion of a Contract

An enquiry may be made by the Customer in the form of a letter, fax, e-mail, other digital sales platform or messaging platform, telephone or verbally in the presence of a LUMINAIRrepresentative.

On receipt of a customer quote request, LUMINAIR will offer potential air transport services in a Charter Quote. All charter quotes are of non-binding nature and are subjected to the availability of an aircraft. No legal obligation shall arise from such offers. They are deemed as an invitation from LUMINAIR to the Customer to place a legally binding contract request to LUMINAIR based on such offer (invitatio ad offerendum).

The contract between LUMINAIR and the Customer shall be concluded only upon written acceptance the Charter Quote by LUMINAIR. The Customer is required to review the confirmation as quickly as possible and shall inform LUMINAIR of any inaccuracies or deviations.

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The Charter Quote contains core air transport services delivered by LUMINAIR: who, when, and where with what kind of aircraft-type the air transport shall be conducted.

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If the Customer later requires any changes to the contract (rebooking), the decision is solely within LUMINAIR‘s discretion and LUMINAIR is free to either reject or accept these changes. Changes must be confirmed in written form by LUMINAIR. Email is an acceptable means for such written form. If a Customer and/ or Passenger desires a change during a flight, it is the sole discretion of the Commander of that flight weather such change is acceptable for LUMINAIR. The written Report of the Commander after the flight shall be the confirmation of acceptance and the basis for the calculation for extra costs, which result directly from such desired change. These extra costs must be borne by the Customer and/ or the Passenger.

The Customer is obliged to incorporate these General Terms and Conditions or similar General Terms and Conditions into the agreement with his/ her contractual party, such as the passenger or a passenger group for the air transport with LUMINAIR. The Customer must ensure that either these General Terms and Conditions or similar ones are an integral part of the agreement with all passengers for the air-transport with LUMINAIR. The customer is fully liable for any costs and/ or liabilities which result from deviations between these Terms and Conditions and their incorporated Terms and Conditions and/ or

requirements in the contract of carriage with the actual passenger or passenger group.

4. Services

LUMINAIR shall be contractually obliged to the Customer to render the services (airtransport, charter or other) as stipulated in the Charter Quote to the Customer.

To perform its contractual obligations, LUMINAIR may subcontract the services to be delivered to the Customer and/ or Passenger to any third-party service provider, including other air operators.

If LUMINAIR is not the operating air carrier for a flight, the Customer and/ or passengersshall be informed about the identity of the operating air carrier at the time of conclusion of the contract or, at the latest, when boarding the aircraft.

If utilization of a specific aircraft-type has been agreed between the parties in the Charter Quote, LUMINAIR is free to use any aircraft of equivalent type and equivalent (or larger) cabin size. The equivalence of the aircraft type and cabin size is defined by the number of passenger seats only.

5. Specific duties of the Customer

The Customer shall inform LUMINAIR of the details of each passenger that the Customer intends board the aircraft which include but are not limited to name, date of birth, nationality, passport number, date of passport expiry. The passenger shall also provide any further information that LUMINAIR may require for the performance of the contract. If the Customer does not provide this information, LUMINAIR has the right to refuse carriage of any passenger as to whom required information is not available.

The Customer is responsible for the complete and correct transfer without undue delay of these General Terms and Conditions to the passenger(s) and of any information or notices by LUMINAIR intended for the passengers, including making it a duty of every passenger to comply with any instructions for passengers given by LUMINAIR. If the Customer does not provide such information to the passengers and other interested parties to whom the customer has contractual relationships, the Customer shall indemnify LUMINAIR for any consequences, including costs and/ or damages, which might arise out of the Customer`s omission.

6. Prices

LUMINAIR renders the services as stated in the charter quote at the price stated in the confirmation.

The price does not include the costs for de-icing measures (if needed at the Commanders discretion) or for any repositioning from a landing at alternative airports due to weather conditions, aviation safety or security reasons.Not included in the stated price of the Charter Quote are any additional costs that can only be calculated retrospectively and when the exact amount of such costs is not known before (e.g. use of the satellite telephone on board the aircraft, additional catering) or any additional taxes, charges, surcharges or fees incurred due to special circumstances (e.g. use of extended airport opening hours, special charges for certain airports with limited capacity (high density charges), security charges). These costs must be borne by the Customer and/ or the Passenger. Thus, the price stated in the Charter Quote may deviate from the actual total price after the flight.

In the case of changes to the contract (e.g. change of the route or change of passengers), the total price may change and/ or additional costs may be added for services changed and/or added, therefore the total price changes accordingly.

7. Conditions for Payment

Unless agreed otherwise between the parties, the Customer shall transmit any outstanding balance via bank transfer to the bank account of LUMINAIR as stated in Contract until whatever is the earlier date: within three (3) days prior departure or fourteen (14) days after having received the invoice.

LUMINAIR may at its sole discretion refuse to provide agreed contractual services if the Customer has failed to comply to the condition of the advance payment as defined in 7.a) above. If LUMINAIR has not received payment until the requested date, LUMINAIR has the right to rescind the contract and not to conduct the flight.

8. Impossibility of performance

If it is deemed to be impossible to operate the desired flight as a consequence of a revocation of an authority permit or of a late issuance of any necessary administrative approval or permit (e.g. overflight permit, entry permit, landing approval or similar), LUMINAIR shall be free of any duty to perform the services as defined in the Charter Quote.

The total price minus the costs incurred to LUMINAIR to organize the flight and agreed services and minus the price for any services already rendered to the Customer shall be reimbursed to the Customer, or the Customer shall only have to pay these costs and price to LUMINAIR, respectively.

LUMINAIR shall be free of any duty to perform its services, including a flight or parts of a flight, if it cannot be operated in compliance with legal regulations or administrative requirements, and/ or proceedings, or if force majeure – such as storms, volcanic ash or other natural disasters, war or other armed conflicts, terror attacks or specific terror risks, strikes or lockouts – makes or deems to make the operation of the flight unfeasible. In such situations, the Customer must pay for incurred costs to conduct the planned and agreed flight as well as any services already rendered by LUMINAIR to the Customer (e.g., operation of parts of a flight or standby of the aircraft and crew, catering, organization of alternative means of transport etc.).

9. Termination of contract due to force majeure

If performance of the contract becomes unfeasible or dangerous due to a force majeure situation – such as e.g., storms, volcanic ash or other natural disasters, war or other armed conflicts, terror attacks or specific terror risks, strikes or lockouts –, then both Parties have the right to terminate the contract. The notice of termination of the contract must be given in text form and may be given, e.g., by written letter, e-mail, fax or text message; during flight and on the condition that the Customer is on board the aircraft, the termination notice may be given verbally by or to the pilot in command vis-à-vis, respectively. The pilot in command will issue a report about the verbal termination notice and its reason(s) after the flight.

If a notice of termination of the contract is given prior departure by either party due to a force majeure situation as defined above, LUMINAIR shall reimburse the total price minus any costs incurred and minus the price for the services already rendered to the Customer, or the Customer shall only have to pay these costs and price, respectively. The incurred costs and rendered services will be individually listed and specified by LUMINAIR for the Customer.

If a notice of termination of the contract due to force majeure is given during flight, LUMINAIR shall be obliged to, as chosen by the Customer:

• continue the flight until the nearest airport at which landing is possible and permitted, or

• return to the original departure airport or, if this is impossible or not permitted, to the airport located closest to the original departure airport; or

• conduct the flight to the nearest airport (Alternate) in comparison to the destination airport at which landing is possible and permitted.

The Customer is obliged to pay for any costs incurred and for services already rendered. In case the Customer and/ or Passenger has issued the notice of termination of the contract only, LUMINAIR may charge additional costs, which incurred as a direct result of the Customer`s and/ or Passengers demands and/ or choice, to the total price agreed as defined in the Charter Quote to the Customer.

10. Conditions for termination and cancellation fees

The Customer has the right to terminate the contract at any time. The notice of termination of the contract must be in written form. Acceptable means are e.g., by written letter, e-mail, fax or text message (SMS); during flight and on the condition that the Customer is on board the aircraft, the termination notice may be given verbally vis-à-vis to the pilot in command. In such events, the pilot in command will issue a report about the termination notice by the customer after the flight.

Further, non-payment of due sums (the price for the flight), equals a request for termination by the Customer.

If notice of termination is received more than 28 days before initially scheduled departure date (STD) as stipulated in the Charter Quote, there shall be no compensation payable to LUMINAIR.

If the Customer terminates the contract after this point for any reason, excluding force majeure events as defined above in these General Terms and Conditions, the Customer is required to pay the cancellation fees as listed below to LUMINAIR for the compensation of

their termination:

If notice of termination is received less than 28 days before initially scheduled departure date (STD) until 7 Days (168 Hours) prior to STD, the Customer must pay 10% of the total net price as stated in the Charter Quote, but as a minimum a sum of EUR 1.000,00 (one thousand) to LUMINAIR.
If notice of termination is received less than 7 days before initially scheduled departure date (STD) until 72 Hours prior to STD, the Customer must pay 20% of the total net price as stated in the Charter Quote, but as a minimum a sum of EUR 1.500,00 (one thousand five hundred) to LUMINAIR.
If notice of termination is received less than 72 hours before initially scheduled departure date (STD) until 48 Hours prior to STD, the Customer must pay 30% of the total net price as stated in the Charter Quote, but as a minimum a sum of EUR 2.500,00 (two thousand five hundred) to LUMINAIR.
If notice of termination is received less than 48 hours before initially scheduled departure date (STD) until 24 Hours prior to STD, the Customer must pay 50% of the total net price as stated in the Charter Quote, but as a minimum a sum of EUR 5.000,00 (five thousand) to LUMINAIR.
If notice of termination is received less than 24 hours before initially scheduled departure date (STD) until the time of the aircraft initial ferry, the Customer must pay 70% of the total net price as stated in the Charter Quote, but as a minimum a sum of EUR 6.000,00 (six thousand) to LUMINAIR.
If LUMINAIR has already positioned the aircraft to the airport of departure or if the aircraft in already enroute to the airport of departure for the Customer at the time that the notice of termination is received, the Customer must pay 100% of the total net price as stated in the Charter Quote.
In the case that the notice of termination is made less than 24 hours prior to departure and before the aircraft positioning sector, and LUMINAIR has incurred costs over and above the cancellation compensation as statied in 9(a)5 the Customer must compensate LUMINAIR for these costs. All incurred costs must be listed in writing by LUMINAIR.

All cancellation fees are subjected to VAT.

If a notice of termination of the contract is given by the Customer during flight, LUMINAIR shall be obliged to, as chosen by the Customer,

to continue the flight to the final destination, or
to continue the flight until the nearest airport at which landing is possible and permitted, or
return to the original departure airport or, if this is impossible or not permitted, to the airport located closest to the original departure airport; or
to conduct the flight to the nearest airport (Alternate) in comparison to the destination airport at which landing is possible and permitted.

any additional costs incurred as well as any additional hours of flight caused by the Customer ‘s choice shall be invoiced to the Customer in addition to the agreed total amount as listed in the Charter Quote.

11. Authority of the pilot in command

The pilot in command is entitled to, at any time, take any necessary security measures (measures to maintain or restore aviation safety or security). In particular, the pilot in command has the final authority as to boarding and loading of the aircraft and, if security measures are required, the pilot in command has the final authority over passengers and baggage. The pilot in command also has the final authority as to the operation of the aircraft including whether and how the flight is operated, whether to deviate from the planned route or whether and where to land. The pilot in command is also entitled to refuse carriage as defined below or if the pilot in command finds that this is necessary for security reasons (aviation safety and security).

The Customer must inform the passengers about the authority of the pilot in command and the Customer shall make it a duty of every passenger to comply with the instructions of the pilot in command.

12. Denied Boarding // Refusal of carriage

LUMINAIR may refuse to transport any passenger as to whom the Customer has been notified in writing before the contract was concluded that the respective passenger will not be transported by LUMINAIR.

LUMINAIR may refuse to carry any passenger,

if this measure is necessary in order not to violate any laws or administrative requirements of a state from, into or over which the aircraft is routed, or to comply with national or international legal requirements.
If the carriage of the respective passenger would endanger security or public order on board the aircraft, in particular if the health of other passengers or of the flight crew or cabin crew would be in danger or unreasonably strained; in particular, this includes any situation where the mental or physical state of the respective passenger, including from any effects caused by alcohol or drugs, causes danger or risks for the passenger, for other passengers or for the crew or for items carried on the aircraft;
if the respective passenger refused to submit to the usual security checks at the airport;
if the Customer has not fulfilled their payment obligations;
if there is substantiated reason to doubt that the passenger has valid travel documents, or if the passenger is trying to travel into a state as to which the passenger does not have the required valid travel documents, or if the passenger destroys their travel documents during the journey or refuses to hand their documents – against a confirmation of receipt – to the crew, or if the passenger cannot prove that they are the person named by the Customer to LUMINAIR as a passenger;
if the passenger does not comply with the security instructions or warnings or other instructions by LUMINAIR, particularly any instructions by the pilot in command;
if there is reason to doubt that the passenger‘s health allows for travelling on the aircraft without requiring any special medical care, or if the passenger cannot present sufficient confirmation by a medical professional confirming that the passenger is fit for air travel.

Carriage of a passenger may also be refused if the passenger ‘s behavior on an earlier flight gave reason for refusal of carriage and carriage of the passenger therefore is not acceptable for LUMINAIR.

If carriage is refused because of any of the above stated reasons, the Customer is not entitled anymore to air transport with LUMINAIR as defined in the Chater Contract and the Customer is not entitled to refuse payment in part or in whole because of the refusal by LUMINAIR to carry any or all passengers effected by such reasons.

13. Luggage / Baggage

Accompanying luggage will be agreed individually with the Customer. The luggage carried is subjected to the operational weight and balance limitations of the operated aircraft type.

The baggage shall not contain

Prohibited items and dangerous goods as listed by LUMINAIR in the Appendix of the agreement.
Items, which are not allowed to be transported in compliance to State regulations, which may be affected by the flight (departure State, en route States and destination State). Such items as for instance ivory, archaeological excavations, historical artifacts, protected animals etc.

The Customer is also obliged to make sure that any passenger carrying with them or in their baggage any items prohibited by the applicable laws gives notice to the pilot in command. The pilot in command is ultimately responsible for the decision as to whether these items may or may not fly.

E-cigarettes and devices with lithium batteries such as laptops, tablets and mobile phones must only be carried in the cabin baggage and never in checked baggage.

Firearms and ammunition for hunting and sporting purposes shall only be carried if agreed upon accordingly between LUMINAIR and the Customer. Carriage of firearms and ammunition must comply with the security procedures and precautions applied by LUMINAIR. Firearms must be unloaded with the safety catch on and must be separated from the ammunition. Carriage of ammunition is subject to ICAO and IATA regulations.

LUMINAIR does not accept any responsibility for any required regulatory approvals. The Customer is obliged to make it a duty of any passenger carrying firearms or ammunition to give notice to LUMINAIR’s Flightcare team and the pilot in command before the flight.

The customs and tax regulations of any state flown from, into or over must be complied with. The Customer is obliged to inform themselves before the flight about any applicable customs or tax regulations and to inform the passengers accordingly and to make it a duty of every passenger to observe these customs and tax regulations

Animals, human remains, or parts of bodies or human organs will only be carried on the aircraft if LUMINAIR has agreed in written form with the Customer about such cargo.

LUMINAIR may refuse carriage of any baggage that does not comply to the above stated requirements. If a Passenger and/ or Customer does not comply to such requirements, the Customer is required to compensate LUMINAIR for incurred costs and/ or fines. In case of a stopover, such baggage may be offloaded and refused for further carriage.

14. Travel documents

The Customer and each passenger are responsible for obtaining all required travel documents (e.g., passports, visas, State-ID, proof for vaccinations, valid negative disease tests, Passenger Locator forms etc.) and for complying with all laws, regulations, orders, demands and travel requirements of states flown from, into or enroute. LUMINAIR is not responsible and does not have any obligation towards the Customer or towards any passenger to examine any documents or provide information.

Upon request, travel documents, visas or other documents must be presented if required by law, administrative requirements, order, or any other regulation in any state flown from, into or over. The Customer is obliged to make it a duty of every passenger to comply with any request to present such documents and to take all measures necessary to ensure compliance.

In case of non-compliance with any travel regulations for entering or leaving any state, in the case of incomplete or insufficient travel documents, LUMINAIR may refuse carriage of any affected passenger and may claim payment or compensation for any costs or damages suffered. If carriage is refused on these grounds, LUMINAIR remains entitled to the contractual consideration owed by the Customer, the Customer is not entitled to refuse payment in part or in whole because of the refusal by LUMINAIR to carry any or all passengers. There is no right to carriage without appropriate documentation.

If any passenger is denied entry into any state, the Customer shall be obliged to pay any fines or penalties that said state requires LUMINAIR to pay. Further, the Customer shall be obliged to pay all costs arising from the fact that LUMINAIR, upon order by the authorities, transports the affected passenger to their original point of departure or any other place. To pay for these costs, LUMINAIR may use any payments already received from the Customer or any means from the Customer already in possession of LUMINAIR. LUMINAIR remains entitled to the contractual consideration owed by the Customer, the Customer is not entitled to refuse payment in part or in whole because of the refusal by LUMINAIR to carry any or all passengers affected by the denial of entry or transit. LUMINAIR shall calculate the additional costs for air travel (return flight due to denied immigration) based on the Charter Quote.

15. Customs and security inspections

Upon request, passengers shall attend inspections of their baggage by customs or other government officials; the Customer is in this context also responsible for compliance with the instructions of these authorities. LUMINAIR is not liable for any damages suffered as a result of such inspections or because of a failure to comply with this requirement.

Passengers shall comply to security inspections or searches by government officials, by airports or by LUMINAIR; the Customer is obliged include such requirements into the contracts for air travel with the passenger(s).

16. data processing

LUMINAIR is entitled to transmit passport data or any other personal data processed by LUMINAIR in connection with the flight or other services rendered by LUMINAIR to domestic and foreign authorities (including authorities in the United States of America and in Canada) if the transmission request by such authorities is based on mandatory legal requirements and the transmission of such data therefore is necessary in order to fulfill the contract with the Customer.

17. Liability

LUMINAIR may be held liable for the service of air carriage in accordance with the international regulations and/ or conventions as listed below. Such regulations and/ or conventions shall be an integral part of this agreement:

of the Montreal Convention of 28 May 1999 and Regulation (EC) No. 2027/1997 as applicable at the relevant time, or,
if applicable instead, of the Warsaw Convention for Unification of certain rules relating to international carriage by air (1929) as amended by the Hague Protocol (1955) and the Guadalajara Convention (1961) (Warsaw Convention system).

LUMINAIR shall not be liable for any damages arising from its compliance with any laws or government regulations or from failure of the Customer or the passenger to comply with such laws or regulations

The liability of LUMINAIR does not exceed the amount of damages proven. LUMINAIR is only liable for any loss of profit, indirect damages, or consequential damages if LUMINAIR has caused these by gross negligence or intent; this does not affect the Montreal Convention and Regulation (EC) No. 2027/1997 or, if applicable instead, the Warsaw Convention system.

Any exclusion or limitation of the liability of LUMINAIR apply mutatis mutandis to its employees, representatives or other persons acting in the name and on behalf of LUMINAIR (agents) and to any person, including their employees and agents or representatives, whose aircraft is used by LUMINAIR. The total amount of damages to be paid by LUMINAIR and these persons shall not exceed the limit of the liability of LUMINAIR.

LUMINAIR is not liable for damages caused by items or property in a passenger ‘s baggage unless LUMINAIR caused such damage by gross negligence or intent.

LUMINAIR shall not be held liable for left-behind items on board of the aircraft.

Unless expressly provided for, nothing in these General Terms and Conditions shall mean the waiver of any exclusion or of any limitation of the liability of LUMINAIR under the Montreal Convention and Regulation (EC) No. 2027/1997 or, if applicable instead, under the Warsaw Convention system.

Any right to damages shall be extinguished if an action is not brought within two years; this cut-off period is calculated from the day of the arrival of the aircraft at its destination or from the date on which the aircraft ought to have arrived or from the date on which carriage was stopped. The exact calculation of the period shall be determined by the law applied by the court applied to.

18. Liabilities of the Customer

The Customer shall be liable without limitation for any damage to the aircraft, whether on the inside or on the outside of the aircraft, caused by any of the passengers during the period of the charter.

If any items stored within passenger baggage cause harm or damage to either persons or property of other passengers, LUMINAIR staff or third party entities, the Customer shall be liable to LUMINAIR and shall have to pay for any ensuing damages or costs unless LUMINAIR has caused these by gross negligence or intent.

The Customer shall have to compensate any damages or costs ensuing from any illegal behavior of any passenger, from any violation of any applicable legal rules as to the use of the aircraft before, during or after the flight, including in a foreign state.

19. Final provisions

Barring the application of any mandatory statutory considerations, the Parties agree that German law shall be applicable.

Subject to the provisions of the Montreal Convention and Regulation (EC) No. 2027/1997 or, if applicable, the Warsaw Convention system or other mandatory statutory provisions providing otherwise, the place of jurisdiction shall be Hamburg, Germany. This does not apply if the customer is not a merchant for whom German courts have jurisdiction.

If any or some of the provisions in these General Terms and Conditions are invalid, this shall not affect the validity of the other provisions.

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