Terms of service

AVIUM TERMS AND CONDITIONS

AVIUM - DLT Flight Charter S.L., limited liability company with a registered office in Puerto Banus Marbella Spain.

Avium agrees to act as a broker agent and/or travel agency for additional flight services (On flight catering, Hotels, Restaurants, Cars, Yachts and Concierge Services for VIP Members Care), on behalf of its members/customers/passengers, to arrange air charter transportation flight services and any other services together with flight services in accordance with the following terms and conditions.

Avium and members/customers/passengers are sometimes referred to herein collectively as “parties” and each a “party”.

Section 10 of this Terms and Conditions Agreement contains a binding arbitration clause and class action waiver. Please read this provision carefully as it affects the parties’ legal rights.

Avium Terms and Conditions govern access to the Avium platform for the facilitation of aircraft charter services and do not constitute a contract for carriage by air. Contracts for carriage will be concluded between members and aircraft operators and will be subject to operators’ terms and conditions of carriage. Avium is not a contracting or common carrier. To the fullest extent permitted by law, Avium assumes no liability whatsoever in relation to the use of the Avium platform, the performance of an itinerary or related operation of aircraft.

Member means any person registered with Avium and so entitled to utilize the Avium Platform. Likewise, any client not previously registered on the Avium platform who has booked a charter flight or a shared flight is also considered a Member.

Passenger means any person other than cabin or flight crew traveling on an Aircraft booked by a Member through the Avium Platform.

Operator means the third party independent licensed air transport undertaking that is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation.

Operator’s Terms means the terms pursuant to which the Aircraft is made available to a Member for the performance of the Itinerary, as accessible on Avium website.

Conditions of Carriage means the Operator’s general conditions of carriage for passengers and baggage, as accessible on the Avium website.

Avium Platform means the aircraft charter brokerage platform and/or travel agency for additional flight services available at www.aviumjets.com, by telephone, email and through the Avium app, by which Avium makes certain information, reservation, payment, and scheduling services available to Members in relation to their charter of aircraft from third-party Operators and/or travel agency for additional flight services.

In the event of any conflict between these Member Conditions and the Operator’s Terms and/or Conditions of Carriage, these Member Conditions will prevail in so far as such conflict relates to the relationship between Avium and its Members.

1.- AVIUM PLATFORM

Only Members may book aircraft charters or additional flight services through the Avium Platform.

Members hereby engage and Avium accepts such engagement to act as the Member’s broker with regard to arranging charter services on behalf of the Member with a third party Operator.

Members, confirm, acknowledge and agree that:

In making services available through the Avium Platform, Avium acts as solely as the agent for the Member and the intermediary between Members and Operators in arranging aircraft charters and additional services.

Avium does not and will not operate as an air carrier and it does not own, operate or maintain aircraft.

These Member Conditions do not constitute a contract for carriage by air, and no such contract will be entered into between Avium and Members.

Avium is not a contracting carrier for the purposes of the Montreal Convention 1999, nor is it a common carrier.

All flights and additional services booked through the Avium Platform are provided by third-party Operators, with the contract of carriage in respect of such flights being entered into directly between an Operator and the Member, through Avium acting as agent for the Member.

Carriage shall at all times be subject to the Operator’s Terms and Conditions of Carriage.

Members confirm that they are of sufficient legal age and capacity to enter into legally binding agreements, including these Member Conditions.

Members confirm they shall without delay make a copy of these Member Conditions, the Operator’s Terms, and the Conditions of Carriage available to all Passengers.

A third party may not access the Avium Platform or make bookings on behalf of a Member unless expressly authorized to do so by that Member and on the condition that such third party brings these Member Conditions, the Operator’s Terms, the Conditions of Carriage, and all communications from Avium and/or the Operator to the express attention of the Member without delay and obtains the Member’s agreement to all such terms and communications.

2.- FLIGHT SERVICES GENERAL TERMS

Members appoint and authorize Avium to act as agents for passengers solely to arrange and pay for flight services operated by one or more licensed air carriers and any other services associated with the flight services. The customer understands and agrees that Avium is an air charter broker and does not own or operate any aircraft.

All flight services are arranged on-demand according to customer-directed itineraries and flight requirements. Flight services shall be provided by aircraft air carriers holding an air carrier certificate authorizing them to furnish air transportation services.

Air Carrier shall have exclusive direction, control, and authority over initiating, conducting or terminating flights. Air Carriers, and not Avium or the aircraft owner, are responsible for ensuring the safety of a flight and providing the Flight Services, including the flight crew and aircraft operations. Avium is not a registered Air Carrier, nor does it provide air carrier services. Avium offers the method by which to obtain the Flight Services provided by the Air Carriers, but in no way does it have any responsibility or liability for any Flight Services provided by third parties. The Air Carrier performing the Flight Service will be subject to, among other things, flight time and duty time restrictions, airport limitations that may preclude or limit operations to certain airports, and other applicable regulations and requirements.

Where a Member requests any variation to the Itinerary or other terms of carriage as detailed in the Booking Confirmation, including but not limited to the carriage of additional Passengers or amendments to scheduled departure time, additional charges may be payable. Should Avium determine that additional charges are payable these shall be settled on demand by the Member named in the Booking Confirmation, failing which the requested variations will not be actioned by Avium.

Where an Operator makes Avium aware of changes to an Itinerary, including the departure time, Avium shall endeavor to communicate such changes to the Member named in the Booking Confirmation.

Each Member shall at all times ensure that Avium is provided with their current contact details, including but not limited to telephone numbers and a monitored email address. Avium shall have no liability whatsoever for any losses sustained by a Member on account of Avium’s inability to contact them using their disclosed contact details. For the avoidance of doubt, this includes any inability on Avium’s part to communicate changes to the Itinerary.

Avium may issue a Supplementary Invoice following completion of the Itinerary, which shall be settled on demand by the Member named in the Booking Confirmation.

Members understand and agree that the Air Carrier shall have absolute discretion in all matters, including, without limitation, the preparation of the Aircraft for the Flight Service and the Flight Service itself, the load carried and its distribution, the decision as to whether or not a Flight Service will be performed, what route will be flown, and all other matters relating to the operation of the Aircraft. Passenger specifically agrees that Air Carrier shall have final and complete authority to cancel any Flight Service for any reason or condition that in its sole and absolute judgment could compromise the safety of a Flight Service and may take any other action that, in its opinion, is necessitated in consideration of safety. No such action of Air Carrier shall create or support any liability for loss, injury, damage, or delay to Passenger.

Members and/or Passengers shall be solely responsible for arriving at the specified check-in point at the departure airport in sufficient time and for complying with the Operator’s Terms and Conditions of Carriage, including but not limited to rules regarding luggage restrictions, the carriage of pets and on-board behavior. To the extent a Member or any Passenger fails to comply with such terms, Avium shall be under no liability whatsoever, nor shall it be under any obligation to make alternative travel arrangements for the Member and/or Passengers in the event of any resulting travel disruption. To the extent, Avium does elect to provide assistance in making alternative travel arrangements all associated costs shall be payable on demand by the Member named in the Booking Confirmation.

Members shall give Avium all necessary information and assistance, including confirmation of the identity of all Passengers within any timeframe as may be stipulated by Avium, in order that Operator can issue traffic documents as necessary and/or finalize arrangements for the performance of the Itinerary.

Member/Passenger is required to comply with all Transportation Security regulations and will be required to present valid identification prior to departure for all flights. For international flights, passengers must have a valid passport in his or her possession as well as any required visas or entry documentation. Air Carrier has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with Transportation Security regulations or other government regulations without recourse or further obligation to Member/Passenger by the Air Carrier or Avium.

Air Carrier shall have the right to refuse boarding to any person: who appears to be intoxicated or under the influence of any illicit or controlled substance; who refuses to be subject to any reasonable checks of his or her person or baggage by Air Carrier, a security team contracted by Avium or its affiliates, or by government or airport authorities; whose condition, including apparent illness or incapacity, in the sole judgment of Air Carrier could involve hazard or risk to himself, herself or others; who exhibits violent, aggressive, or otherwise inappropriate behavior towards other passengers or flight crew; or who fails to provide a legally valid government-issued identification.

Passenger understands and agrees that to determine whether a Passenger’s or guests’ traveling with Passenger condition could involve a hazard or risk to himself, herself or others aboard, Avium or Aircraft Carrier shall have the right to require Passenger and each of their guests to complete a Health Declaration Form. In the event over the previous twenty-one (21) days prior to the Flight Service, Passenger or their guests have visited any of the countries, states, or regions that have a Level 3 Travel Health Notices issued by the Center for Disease Control and Prevention (“CDC”) or travel to which is restricted subject to a U.S. Presidential Proclamation or other U.S. regulation, upon Avium or flight operator’s request, Passenger on behalf of himself or herself and their guests agrees to provide a written verification executed by a licensed physician or a legitimate medical facility confirming that Passenger has been tested for COVID-19 with a CDC-approved test that produced a negative result, or does not meet CDC criteria for administering a COVID-19 test and does not exhibit any COVID-19 symptoms. Passenger further acknowledges and agrees that the failure to submit a completed timely Health Declaration Form or Written Verification, as applicable, for each Passenger on the Charter Flight and/or a positive indication of COVID-19 may result in the denial of boarding without any liability on the part of Avium. A Health Declaration Form or Written Verification, as applicable, shall be considered timely where it is submitted with all requested information completed no later than twenty-four (24) hours prior to the scheduled departure time.

The itinerary for Flight Services provided by Avium in response to a request by Members might be subject to the approval of the owner of the Aircraft. If applicable, the Aircraft Owner must provide final approval for use of the Aircraft. In the event that the Aircraft Owner does not approve the Flight Itinerary, Avium will attempt to either adjust the terms of the Flight Services so the Aircraft Owner is able to approve the Flight Itinerary or Avium will attempt to find a substitute aircraft for Member. A surcharge may be applicable for the booking of a Substitute Aircraft for the Flight Itinerary. Any such surcharge shall be subject to Passenger’s prior approval. If Substitute Aircraft is not located within 12 hours of a Flight Itinerary being declined or if a Passenger does not approve any applicable surcharge, both Parties will be released from their obligations under these Charter Terms.

Should an Aircraft be diverted to an alternative airport, be forced to return to base, or suffer a technical failure, Avium shall use its reasonable endeavors to provide assistance in sourcing alternative means of transport for the completion of the Itinerary, whether from the original Operator or an alternative Operator/transport provider. In arranging any such alternative transport with an alternative Operator/transport provider Avium act solely as the Member’s broker, with such transport being subject to the terms and conditions of the relevant Operator/transport provider. Unless otherwise agreed by Avium, the cost of any such alternative transport shall be for the account of the Member named in the original Booking Confirmation, with any such costs to be settled in full prior to the commencement of any alternative transportation.

In the event that an Aircraft is detained (whether lawfully or otherwise) by any third party (including but not limited to detention by any governmental, aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise) whereby making completion of the Itinerary impossible; or the Operator or the relevant Aircraft has an administrator, receiver, trustee or other similar person acting on behalf of 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 the Operator becomes insolvent, enters into voluntary liquidation, or is compulsorily wound up;

Avium shall use its reasonable endeavors to source an alternative Operator who is able to operate the Itinerary (or remaining parts thereof) at a similar cost. A Member shall be entitled to accept or decline any such alternative transportation. Should such an offer be declined, or should no alternative transportation be available, the Member shall be entitled to a refund from Avium of all funds paid in relation to the Itinerary except as regards monies which have already been paid to the Operator, for which the Member’s sole recourse lies against the Operator. Should such an offer be accepted, the Member shall, unless otherwise agreed by Avium, be liable for any associated costs exceeding the balance of the Member’s funds held in Avium’s client account.

Members acknowledge and agree that the captain of the relevant Aircraft is entitled to take all necessary safety precautions at any time, including but not limited to the full authority to make decisions regarding payload (passengers, luggage and cargo), planned route, flight timings, the sufficiency of weather conditions for safe flight and ultimate landing destination.

Members acknowledge and agree that the performance of an Empty Leg Charter is not guaranteed and is always conditional upon the primary charter (as giving rise to the empty leg) being operated. Should the primary charter be canceled for any reason, the Empty Leg Charter will similarly be canceled. In such circumstances, Avium will endeavor to inform the Member of such cancellation without delay, with the Member being entitled to a full refund of all funds paid to Avium in relation to the Itinerary.

Should a Member-elect not to use one or more flights forming part of an Itinerary, there shall be no entitlement to any refund from Avium (partial or otherwise).

If a Booked Flight is canceled, interrupted, or delayed for any reason other than the decision of Member delays, Avium will use commercially reasonable efforts to arrange alternative flight service for the Member in similar cabin class at no additional cost than as set forth in the original Flight Itinerary for the Booked Flight.

If not available, an Other Air Carrier Aircraft which may require the payment of additional fees, Avium shall issue a new Flight Itinerary and Flight Invoice, and the Member shall have the right to approve such new service.

The Member, passenger, and client of Avium have at his disposal and at his request, the contracts signed between DLT Flight Charter S.L. as a broker and the different operators that offer the contracted flights. The client accepts the negotiations contained in the contractual clauses that have been agreed upon by DLT Flight Charter S.L. as a broker and the operators of the contracted flights and accepts in its favor and/or at its expense the consequences of all kinds included in the stipulations of said contracts in the way that as an end client could be affected, subrogating him/herself in the position of the broker DLT Flight Charter SL and assuming the derivation in his/her favor and/or against him/her of the clauses signed in said contracts.

The client has the right to request the broker DLT Flight Charter S.L. the aforementioned contracts and has the right to object to any of the clauses stipulated prior to the reservation of any of the flights offered by the broker. In case of not exercising this right, the client accepts everything contained in the contractual stipulations signed between broker and operator and assumes and accepts in his/her person the consequences of what has been stipulated in said contracts without the right to opposition once he/she has contracted the flight offered by the broker DLT Flight Charter SL

3.- BOOKING CONFIRMATION: FLIGHT COSTS AND EXPENSES

Booking Confirmation means the electronic confirmation provided by Avium to a Member detailing the Itinerary and Aircraft booked through the Avium Platform.

Charter Price means the price payable by a Member for the charter of an Aircraft for the performance of the Itinerary, including Avium´s Handling Charge. Unless otherwise confirmed in writing by Avium the Charter Price shall not include catering, additional services including any ground transport and helicopter transfers, any increase in costs after the date of Booking Confirmation, including security costs, aviation insurance premiums, fuel, air passenger duty, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and de-icing, weather-related or hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, fuel stops or out of normal hours airport charges.

By accepting these Charter Terms, Passenger reserves the Flight Itinerary, which is displayed via the application or on the invoice for the Flight Service, and agrees to pay the full amount listed on the Flight Invoice and any additional Flight Expenses.

Additional booking terms may be set forth on the Flight Invoice. Upon acceptance of the Flight Invoice and the Charter Terms, the Flight Service listed on the Flight Invoice shall be considered Booked Flight” and any cancellation will be subject to the cancellation policy set forth in these Charter Terms.

In the event of a conflict between the cancellation policy set forth on the Flight Invoice and the cancellation policy set forth in these Charter Terms, the cancellation policy set forth on the Flight Invoice shall control.

As used herein, “Flight Expenses” means, for the applicable Flight Services, the cost of the Applicable Taxes and the Incidental Expenses (catering, ramp and hangar fees, international fees, additional landings, specially requested in-flight entertainment, telecommunications charges, including Wi-Fi, ground transportation, Third Party Service Charges, the cost of any additional personnel required to fulfill a Booked Flight as either requested by Passenger or as necessary to satisfy any duty limitations impacting the Booked Flight, Cancellation Fees, Pets, any other out of the ordinary charges incurred at the specific request of Passengers or their guests), provided in support of a Booked Flight.

Passenger agrees to indemnify and reimburse Avium for any and all Incidental Expenses, costs, and expenses incurred as a result of damage and excess wear and tear to the Aircraft interior and/or exterior determined to be caused by Passenger or their guests. If Passenger incurs any Incidental Expenses or additional charges or such charges are reasonably attributed by Avium or Air Carrier personnel to Passenger or their guests, Passenger agrees to reimburse Avium in the manner provided under the heading Payment Terms.

4.- PAYMENT TERMS

Whole Aircraft Charter:

A Member’s acceptance of the Charter Price and, in case, Aditional Flight Services (On flight catering, Hotels, Restaurants, Cars, Yachts and Concierge Services for VIP Members Care) is deemed to occur upon the receipt by Avium of a deposit of:

30% (thirty percent) of the Charter Price and, in case, Aditional Flight Services or any such other deposit as may be required by the relevant Operator, whichever is the greater, where the Itinerary commences more than 30 days of the request.

100% (one hundred percent) of the Charter Price and, in case, Aditional Flight Services where the Itinerary commences within 30 days of the request.

The Member, passenger, and client of Avium know and agrees to the possibility that the Operator can substitute the aircraft previously offered and contracted by the Avium broker, as well as make a refueling stop "Fuel Stop" if so decided by the Operator or crew of the aircraft without prior notice in the sale offer published by Avium, also knows that the operator could cancel the flight at any time and without prior notice, and in any of the cases mentioned above, the Member, passenger or Avium’s client exempts from all and any economic and administrative responsibility to the intermediary broker Avium "DLT Flight Charter SL".

Shared Charter Flight:

100% (one hundred percent) of the Charter Price and, in case, Aditional Flight Services, at the time of booking.

Subject to the continued availability of the Aircraft, upon acceptance of the Charter Price and, in case, Aditional Flight Services, Avium shall issue the Member with a Booking Confirmation.

The balance of the total Charter Price and, in case, Aditional Flight Services, is payable no later than 30 (thirty) days prior to the commencement of the Itinerary. Should the balance not be received within that timeframe Avium shall be entitled to cancel the Itinerary and refund the deposit received less a fee of 10% (ten percent) of the total Charter Price and in case, Aditional Flight Services, and any cancellation fees due to the Operator in accordance with the Operator’s Terms.

The following payment methods are accepted by Avium:

Bank transfers

Debit or Credit cards

Such online payment systems as advised on the Avium website

All prices will be quoted and must be settled in Pounds Sterling, Euros, or United States Dollars (as applicable).

All sums payable to Avium pursuant to these Member Conditions, including the Charter Price and any Supplementary Invoice, shall be due in full, with any bank transfer fees and exchange charges being for the Member account.

Members paying by way of debit or credit card acknowledge that a transaction limit may apply. In such circumstances, a member of Aviums's operations team will contact the Member to advise the best method for the payment of the balance due.

Pending payment to the Operator, funds received by Avium by way of bank transfer will be held in a client deposit account.

By accepting these Charter Terms, Members authorize Avium to place a hold on such Passenger’s Credit Card, as required to be provided at the time of reserving the Booked Flight, in the full amount of the Flight Invoice and any applicable Flight Expenses.

The Credit Card will be charged in advance of the completion of the Booked Flight unless a Passenger submits the wire payment to Avium.

Any Expenses not known at the time the Credit Card is charged will be charged when such amounts are known by Avium.

If a Booked Flight or Booked Aditional Service is canceled and cancellation fees apply, Avium shall have the right to immediately charge the Credit Card in the amount of the applicable cancellation fees or withhold the amount of the cancellation fees from the wire payment. Member represents to Avium that he or she has full authority to utilize the Credit Card to reserve the Booked Flight and Booked Aditional Services, and pay for the Flight Costs, Flight Expenses, Aditional Services, and any applicable cancellation fees and shall indemnify Avium from any and all claims related to the unauthorized use of the Credit Card for the Booked Flight and Aditional Services by Member.

Wire Payments. If a Member elects to wire the payment of the Flight Costs and Flight Expenses for the Booked Flight and, in case, Additional Services, Avium must receive the funds within five (5) days of the booking. In the event Avium does not receive funds within five (5) days of the booking, Member authorizes Avium to charge the full amount of the Invoice and all applicable fees to the Passenger’s Credit Card or pursuant to alternative payment arrangements if the credit card is declined or Avium has otherwise agreed with the Member.

Avium shall have no obligation to provide a Booked Flight or any other additional service without payment as provided in this section.

In Disputes case, Members must notify Avium of a disputed charge within 15 days after the date on which such charge appeared.

After 15 days, the charges will be considered valid, final, and undisputed.

In the event that any sums due from Member to Avium remain unpaid for more than 15 days beyond the date such sums were due to be paid, any outstanding sums shall be subject to interest at the lesser of 1.5% per month or the maximum amount of interest permitted by law.

In the event that any form of payment provided by Member to Avium is rejected and Avium incurs any fees as a result of such rejection (e.g., insufficient funds), Member shall be responsible to reimburse Avium promptly for all such fees incurred by Avium. Member is liable for any and all fees, inclusive of attorneys’ fees, that Avium incurs to collect any outstanding amounts due to Avium by Member.

5.- CANCELLATION POLICY

Whole Aircraft Charter:

Cancellation terms : 10% once Booking Confirmation / 35% within two weeks before flight / 50% within 7 days before flight / 90% within 48 hours before flight / 100% within 24 hours before flight or no-show.

SUMMER SEASON CANCELLATION TERMS (JUNE 1st TO SEPTEMBER 30)

Cancellation terms : 50% once Booking Confirmation / 80% within two weeks before flight / 100% within 7 days before flight .

Shared Charter Flight and, in case, Aditional Services (VIP Member Care, Hotel, Car, Yacht):

Cancelation terms: 10% once Booking Confirmation / 35% within four weeks before flight / 50% within 14 days before flight / 100% within 7 days before flight.

Avium reserves the right to treat no-shows as last-minute cancellations, whereby members will be charged the full cost of the Booked Flight and additional services.

For the purposes of Whole Aircraft Charter Flight, a ‘no-show’ is defined as Passenger not arriving at the aircraft at least 10 minutes prior to boarding in possession of valid government-issued identification or the violation of any provision included in these Charter Terms, including the failure to timely submit a complete Health Declaration Form or provide a Written Verification, if applicable, that result in the denial of boarding.

Avium, at its sole discretion, may extend the no-show time for an on-demand Whole Aircraft Charter Flight in coordination with Member if operational restrictions allow.

6.- FORCE MAJEURE CANCELLATION BY AVIUM OR AIR CARRIERS

“Force Majeure” means an act of God, strike or lockout or other labor dispute, the act of a public enemy, war (declared or undeclared), terrorism, public health concern, or positive diagnosis of a communicable virus including but not limited to COVID-19, blockade, revolution, civil commotion, fire, any weather-related event affecting the safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete control of Avium or Air Carrier, as applicable, whether or not of the kind specifically listed above.

Neither Avium nor Air Carrier is liable for the delay or failure to provide an Aircraft or perform the Flight Service when such delay or failure is caused by Force Majeure.

In addition, Member understands and agrees that when, in the sole discretion of an Air Carrier or the pilots of an Aircraft, safety may be compromised, Avium, the Air Carrier or the Air Carrier crew may cancel a Flight Service, refuse to commence a Flight Service, or take other necessary action without breaching its duties or obligations to Member or be liable for any loss, injury, damage, or delay. Notwithstanding the above, in the event a Whole Aircraft Charter Flight is canceled as a result of events outlined above, Avium will provide Recovery Service options in the manner outlined in Section 2 Flight Services General Terms

7.- TRANSPORTATION OF PETS

Shared Charter Flights: Members and Member' guests are not allowed to transport pets on any Shared Charter Flights. Only service animals as provided in the Avium Pet Regulations (available upon request) will be permitted aboard any Shared Charter Flights. Member shall notify Avium as soon as possible, but not less than 48 hours prior to their flight departure time, if they will be bringing a service animal aboard a Shared Charter Flight. Unauthorized transportation of pets on Shared Charter Flights will result in a 1.000 Euros fine and cleaning fees that will be charged to Member. If a Member or Member's guest violates the pet policy outlined in this paragraph, Member agrees to payment of such fine and the cleaning fee.

Whole Aircraft Charter Flights: Members on Whole Aircraft Charter Flights shall be solely responsible for the care, custody, and control of any pet accompanying the Passenger on any Booked Flight Services, shall adhere to the Avium Pet Regulations and any instructions provided by the Air Carrier crew regarding such care, custody and control of such pet and shall be responsible for any damages, injuries or loss caused by such pet during any such Flight Services.

Cleaning Fees: Avium reserves the right to charge Member cleaning fees for transportation of service animals if such fees are imposed on Avium by an Air Carrier.

8.- INSURANCE

Members are covered by aircraft operator insurance. Member understands and agrees that it is the sole responsibility of the Air Carrier to maintain aviation liability insurance coverage. Avium does not own or operate any aircraft on which the Flight Services are performed and does not carry any aviation insurance.

Avium is a charter broker with a global digital jet charter marketplace and is not a direct air carrier. All flights advertised to which Avium has access are owned and operated by a properly licensed third-party air carrier. Avium does not carry additional liability insurance. Members are covered by aircraft operator insurance.

Member agrees to accept the proceeds of the insurance maintained by an air carrier as their sole recourse against an air carrier for any loss or damage (including, without limitation, injury, death, or property damage) to any passenger; provided, however, that the foregoing limitation shall not apply in the event of the air carrier’s proven gross negligence or willful misconduct.

9.- LIABILITY AND INDEMNITY

Member and Member's guest understands and agrees that Avium is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any Aircraft or conveyance, or the negligence of any Air Carrier or other company or person engaged providing or carrying out the arrangements for Passenger’s Flight Service or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause.

In all cases and under all circumstances, neither air carrier nor Avium shall, in any event, be liable to passenger for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind or nature including, without limitation, loss of profits, data, use, value, revenue, business opportunities, personal injury or property damage and the like, under any circumstances or for any reason, including, without limitation, any delay or failure to furnish any aircraft caused or occasioned by the performance or non-performance of any obligations of the air carrier (regardless of the form of action, whether based in contract or tort or any other legal or equitable theory), even if any such party knew or should have known of the possibilities of such damages.

Avium shall not be liable for any damages, liability, or losses arising out of Member/Passenger’s use of or reliance on the services or Member/Passenger’s inability to access or use the services, and any transaction or relationship between Member/Passenger and any third-party provider, even if Member/Passenger has been advised of the possibility of such damages. The services may be used by Member to request and schedule goods or logistics services with third-party providers, but Member agrees that Avium has no responsibility or liability to Member/Passenger related to any goods or logistics services provided to Member/Passenger by third-party providers other than as expressly set forth in these charter terms.

Save as otherwise provided in these member conditions, and to the fullest extent permitted by law, Avium and its investors, and third-party service providers and each of their respective employees (together “indemnitees”) shall have no liability whatsoever for any injury, death, loss, claim, damage, accident, delay or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, in any way arising out of or in connection with a member’s use of or any air travel or other services booked through the Avium platform, including but not limited to:

Any errors or delays in responding to a member’s charter request;

Equipment (including aircraft) breakdown or any hardware, software or transaction malfunction;

The performance, partial performance, non-performance or delayed performance of the itinerary by the operator or any alternative transport arranged by Avium, including any accident or incident occurring during the course of carriage;

Any act, neglect, default, omission or negligence of operator, any alternative transport provider or any of their respective employees or agents;

Any act, neglect, default, omission or negligence of a member or passengers.

Members expressly agree that their sole recourse for claims arising out of performance of the Itinerary or any part thereof (including delayed, partial or non-performance) shall be against the Operator.

If the Indemnitees have any liability to a Member, such liability shall (to the fullest extent permitted by law) not exceed a sum equivalent to the Charter Price.

To the fullest extent permitted by law, each Member shall hold harmless and indemnify the Indemnitees from and against all claims, demands, liens, judgments, penalties, awards, remedies, liabilities, damages, actions, proceedings, costs and expenses (including, but not limited to, legal costs) of whatsoever nature (together “Claims”) and howsoever and whensoever arising out of or in connection with its use of the Avium Platform, including but not limited to:

Any breach by the Member of these Member Conditions;

The carriage of the Member’s Passengers, including their conduct on-board the Aircraft, the adequacy of their travel documentation and their non-compliance with these Member Conditions, the Operator’s Terms, the Conditions of Carriage and all other rules and regulations as may be applicable to their carriage by air;

Damage to an Aircraft caused by the Member, Passengers or pets;

The performance, partial performance or non-performance of the Itinerary;

Any breach or default under the contract of carriage concluded between the Member and Operator, including Operator’s Terms or Conditions of Carriage;

Any Claims by the Operator in relation to cancellation fees payable under the Operator’s terms and/or Conditions of Carriage;

Strictly without prejudice to any other rights they may have, the Indemnitees expressly reserve any and all rights available at law to seek recourse against Passengers for any Claims arising out of their carriage on an Aircraft.

To the extent a third party accesses the Avium Platform or makes bookings on behalf of a Member, that third party shall hold harmless and indemnify the Indemnitees from and against all Claims howsoever and whensoever arising out of or in connection with that third party’s use of the Avium Platform

Member/Passenger agrees to indemnify and hold Avium and its affiliates and their officers, directors, managers, employees, and agents (“Indemnifed Party”), harmless from and against any and all claims, loss, damage, demands, losses, liabilities, injury or expense (including attorneys’ fees), that the Indemnifled Party incurs arising out of or in connection with Passenger’s gross negligence, willful misconduct, violation of the rights of any third party (including other Passengers) or third party goods or services providers; provided, however, that Passenger shall not be liable for the indemniflcation of any losses, costs, damages, injuries, or expenses arising out of the Indemnifled Party’s gross negligence, willful misconduct, or breach of these Charter Terms.

The limitations and disclaimers in this section do not purpose to limit any liability or alter any rights of the Member/Passenger, as a consumer, that cannot be excluded under applicable law.

10.- GOVERNING LAW – DISPUTE RESOLUTION

This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the Spain law without reference to the conflict of law principles of any other country or jurisdiction.

Any claim or dispute between the parties and/or against any agent, employee, successor, or assign of the other, whether related to these Charter Terms or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by the aplication of Spain Law.

The place of arbitration shall be Marbella Spain.

Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated 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 limited to claims between Member and Avium alone.

Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these charter terms and without waiving either party’s right of appeal, if any portion of this provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.

These Member Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Spain law.

The courts of Spain shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these Member Conditions, provided that Avium shall be entitled to take proceedings relating to these Member Conditions in any other jurisdiction.

11.- MEMBER/PASSENGER PRIVACY DATA

Avium collects and utilizes information speciflc to Member and its guests (“Passenger Information”) according to the Privacy Policy that is incorporated in full by this reference and available at Aviumjets.com

12.- ELECTRONIC SIGNATURE

By purchasing a charter flight or additional flight services (On flight catering, Hotels, Restaurants, Cars, Yachts and Concierge Services for VIP Members Care) through the Avium Platform, that includes mobile-software-website-mail or through an aviation specialist and selecting the “I Accept” button, Member accepts and agrees to these Charter Terms electronically.

Member agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by these Charter Terms. Member agrees to pay Avium in full for any invoiced amount upon providing their electronic signature.

13.- MISCELLANEOUS

These Member Conditions set out the entire agreement and understanding between the Parties as regards the charter of aircraft and adtional flight services (On flight catering, Hotels, Restaurants, Cars, Yachts and Concierge Services for VIP Members Care) through the Avium Platform.

No Party has relied upon representations made to it by another Party, whether written or oral, except as is expressly contained in these Member Conditions.

Members shall not be entitled to assign their benefits under these Member Conditions.

Avium may at any time amend these Member Conditions in its absolute discretion. Existing bookings shall remain subject to the Member Conditions in force at the time of booking.

A person who is not a Party to these Member Conditions shall have no rights to enforce any of its terms.

The Charter Price, payment terms and other commercial terms contained in the Booking Confirmation are confidential to the Parties and may not be disclosed to third parties without Avium's prior approval.

Time shall be of the essence in respect of a Member’s performance of its obligations under these Member Conditions.

Avium may in its absolute discretion revoke any Member’s membership with immediate effect.

AVIUM - DLT Flight Charter S.L. is registered in the Mercantile Registry of Malaga (Registro Mercantil de Málaga) in Volume/Tomo 5951, Folio 77, Inscription 1 with Sheet/Hoja MA-98987878

Last updated June 1st 2021