AEREA Jet Card Terms
1. Scope of Services and Jet Card Program Overview
- Jet Card Purpose: The AEREA Jet Card is a pre-paid flight hour program that entitles the Cardholder to private air charter services up to the purchased number of flight hours, at fixed hourly rates and with exclusive benefits. The Cardholder pays in advance for a block of flight hours in a selected aircraft category, and those hours are deducted from the Cardholder’s balance as flights are taken. The Jet Card program offers guaranteed aircraft availability with short notice, fixed inclusive hourly rates, no blackout dates for booking, and comprehensive services as detailed herein.
- Aircraft Categories: Jet Card hours are purchased for a specific aircraft size category. The Company offers three primary categories of jets: Light Jet, Midsize Jet, and Heavy Jet. Each category corresponds to a range of aircraft models and capacities:
- Light Jets – Small cabin jets typically seating about 4–7 passengers, suitable for short to medium-range trips. Examples: Cessna Citation CJ series, Beechjet 400/Hawker 400XP, Embraer Phenom 300, Learjet 40/45.
- Midsize Jets – Medium cabin jets seating roughly 7–9 passengers with a larger range (including some super-midsize aircraft). Examples: Cessna Citation Excel/XLS, Learjet 60, Hawker 800/900XP, Embraer Legacy 500.
- Heavy Jets – Large cabin and long-range jets typically seating 8–12+ passengers, offering intercontinental range and premium comfort. Examples: Bombardier Challenger 650, Dassault Falcon 900EX, Gulfstream G450/G550.-
The above examples are for illustration; actual aircraft provided will meet the category’s standards of size, range, and luxury. The Company ensures that any aircraft offered for a Cardholder’s flight will be within the category purchased (or an upgrade as described below) and operated by duly licensed air carriers under EASA regulations.
- Jet Card Packages: Within each aircraft category, the Jet Card is available in tiered packages, each with a fixed number of hours, benefits, and a validity period:
- Essence – Includes 25 flight hours; valid for 12 months from date of purchase. This entry-tier card provides standard services such as basic catering, handling, and 24/7 customer support
- Smart – Includes 50 flight hours; valid for 12 months. This tier provides standard services plus concierge service and one complimentary aircraft category upgrade (one flight can be taken on the next higher category at no additional cost)
- Prestige – Includes 75 flight hours; valid for 24 months. This tier includes concierge service, VIP ground transfers, and airline benefits such as Meet & Greet assistance, expedited security Fast Track, and lounge access for commercial flights. One complimentary aircraft upgrade is included (similar to Smart).
- Elite – Includes 100 flight hours + 5 bonus hours (total 105 hours); valid for 24 months. This top tier includes all Prestige services (concierge, VIP transfers, Meet & Greet, Fast Track, lounge access) with enhanced perks, such as two complimentary aircraft upgrades and bonus hours for additional flight time at no extra charge.
- Card Validity: Hours must be used within the validity period specified above for each package. Unused hours expire at the end of the validity term. The Jet Card and any remaining hours do not automatically renew or roll over beyond the validity period, unless the Company, at its discretion, agrees in writing to an extension or the Cardholder purchases a new Jet Card package. The Cardholder is encouraged to plan usage so that all hours are utilized within the term. Expired hours are forfeited without a refund.
- Inclusive Pricing – “All In” Hourly Rates: The hourly rates for each category and package are fixed and fully inclusive of standard costs. Specifically, the Cardholder will not be separately charged for typical flight expenses such as positioning (ferry) flights within the core service area, standard catering on board, handling fees at airports, or de-icing fees. Fuel costs are included in the hourly rate (i.e., no fuel surcharge will apply under normal circumstances). The contracted hourly rate covers the aircraft, crew, maintenance, insurance, landing and handling fees, and all standard operating costs for the flight. Only extraordinary costs not ordinarily included in private charter (if any) or requested special services may result in additional charges (see Section 7 on Fees).
2. Booking of Flights and Availability
- Booking Procedure: To utilize Jet Card hours for a flight, the Cardholder (or an Authorized User, defined below) must submit a flight request to the Company’s charter operations team via phone or email, providing details of the desired itinerary (dates, departure time, origin, destination, number of passengers). The Company will then confirm the booking and allocate an aircraft from the appropriate category. Flight time for the itinerary will be quoted in hours (and fractions thereof) and deducted from the Cardholder’s hour balance. No minimum flight time per segment is required – flight time is calculated based on actual airborne time (from wheels up to wheels down) and will be rounded to the nearest tenth of an hour for deduction purposes, with no minimum hours charged per flight. For example, a 30-minute flight will deduct 0.5 hours from the balance.
- Advance Notice Requirements: The Cardholder must request flights with at least the minimum advance notice as set forth below:
- Standard Notice: 24 hours prior to the desired departure time for travel on regular days (non-peak periods). This is the minimum lead time for booking to guarantee aircraft availability in the purchased category.
- Peak Period Notice: 120 hours (5 days) prior to departure for travel during Peak Season periods. Peak Season includes high-demand holiday and vacation periods such as summer school holiday months, the Christmas/New Year holiday season, winter ski holiday period, and Easter week. The Company will inform Cardholder in advance of each calendar year’s specific Peak Season date ranges (which generally encompass summer, Christmas/New Year, and Easter holidays, as well as other high-traffic periods). During these Peak Season dates, the longer advance notice is required to guarantee availability of an aircraft due to high demand.
The Company will make commercially reasonable efforts to accommodate shorter-notice requests or requests during Peak Season made on shorter notice, but only the above notice periods guarantee availability. If a request is made inside of the 24-hour standard window (or inside 120 hours during Peak Season), the Company will attempt to fulfill it on a best-effort basis but cannot guarantee an aircraft will be available.
- Guaranteed Availability: Subject to the notice requirements and other terms of this Agreement, the Company guarantees that an aircraft in the Cardholder’s category (or a higher category as an upgrade at no additional hourly cost, if necessary) will be made available for the Cardholder’s flights. There are no blackout dates – the Cardholder can request flights on any date, including public holidays, provided the required notice is given. In rare circumstances, if an aircraft in the contracted category cannot be secured (e.g. due to unforeseen operational constraints), the Company will provide an aircraft of equal or larger size at no extra cost to the Cardholder (use of a larger aircraft under these conditions will not consume additional hours beyond what the flight on the contracted category would have). Such substitution may count toward any complimentary upgrade entitlement if voluntarily requested by Cardholder; if the substitution is initiated by the Company for operational reasons, it will not reduce the Cardholder’s upgrade allowances.
- Geographic Coverage and Positioning Fees: The Jet Card program’s fixed hourly rates are based on an operational area with no repositioning fees in core regions and transparent surcharges for extended regions:
- Zone A (Core Service Area): For flights that both depart and arrive within Zone A, no positioning charges apply. Zone A is defined to include Germany, Austria, Switzerland, Belgium, Netherlands, Luxembourg, Benelux, Poland, Czech Republic, and Denmark (the core Central European region). This means that within Zone A, the Cardholder’s hourly deduction covers the entire trip cost – there are no ferry flight costs charged even for one-way flights or short-notice bookings within this area.
- Zone B (Extended Area): For flights that originate or terminate outside Zone A but within Europe (e.g. France, Spain, Italy, United Kingdom, etc.), a surcharge equal to 20% of the flight time is applied. In practice, this means the hours deducted for such a flight will be 1.2 times the actual flight hours. This flat surcharge covers the additional positioning effort required for flights outside the core Zone A, with no hidden fees beyond the incremental hours. The Cardholder still benefits from the guaranteed hourly rate – the surcharge is a transparent adjustment to hour usage to account for proportional ferry costs.
- Intercontinental/Long-Haul Flights: Flights to destinations outside Europe (such as North America, Middle East, Africa, or Asia) are not covered under the standard fixed hourly rates of the Jet Card. Such flights can be arranged but will be quoted on a case-by-case basis (“custom quote”) given their distance and operational complexity. The Cardholder may request to apply their Jet Card hours toward part of an intercontinental trip, in which case the Company will determine an equitable way to credit the Cardholder’s hour balance (for example, applying the equivalent hourly value to the long-haul charter cost) – this is subject to agreement for each such trip. Alternatively, the Company can provide bespoke long-haul solutions via partner operators if the Cardholder requires global travel. All such arrangements will be discussed with the Cardholder in advance.
- Flight Time Calculation and Logs: Flight time for purposes of deducting hours will be measured from takeoff to landing (block time or airtime as per standard aviation log definitions). No additional time for positioning or deadhead flights will be charged within Zone A. For Zone B flights with the 20% time surcharge, the billed/deducted flight time = actual flight time × 1.2. The Company will maintain records of the Cardholder’s flight hours used and remaining. Upon request, or periodically (e.g. after each trip or monthly), the Company will provide the Cardholder with a statement of hours flown and the remaining balance. The Cardholder also has the right to audit or verify flight time calculations (the Company can provide flight logs or carrier reports as needed to substantiate time).
4. Concierge Services and included Amenities
One hallmark of the AEREA Jet Card program is the suite of premium services and amenities included with each package tier, enhancing the travel experience beyond just flying time. The following services are provided as part of the Jet Card membership, varying by the package level:
- Standard Services (All Tiers): Every Cardholder, regardless of tier, is entitled to premium onboard catering (light meals, snacks and beverages tailored to the client’s preferences), all standard handling fees and airport services, and 24/7 customer support with direct access to the Company’s operations team. Ground handling, landing fees, airport passenger taxes, and de- icing costs (if incurred) are included in the hourly rates and will not be billed extra . A dedicated flight coordinator is available around the clock to assist with bookings or any in-flight issues.
- Concierge Service (Smart Tier and above): Cardholders with Smart, Prestige, or Elite packages receive full concierge support. This includes personal travel planning assistance such as hotel and restaurant bookings, destination planning, ground transportation arrangements, and other bespoke travel requests. A travel concierge can coordinate itinerary changes, recommend local experiences, and generally act as a personal assistant to ensure a seamless trip
- VIP Airport Services (Prestige & Elite): Cardholders at the Prestige and Elite tiers enjoy exclusive VIP terminal access and expedited airport services when flying. At many major airports, private VIP terminals or lounges will be made available, providing privacy and comfort before departure. Additionally, Fast Track security and Meet & Greet services are included for these tiers – meaning a personal agent can escort the passengers through security and immigration controls swiftly, and/or meet them upon arrival to assist with luggage and ground connections. Notably, these Fast Track, Meet & Greet, and lounge benefits apply not only to the Cardholder’s private jet flights with AEREA, but also can be extended to the Cardholder’s commercial airline flights upon request (subject to availability at the given airport). This unique perk ensures a consistently premium experience across all travel.
- Ground Transportation (Prestige & Elite): For Prestige and Elite members, the Company includes chauffeured car transfers between the airport and the traveler’s origin or destination (home, office, hotel, etc.). These private transfers are typically in luxury sedans or SUVs and are arranged for both departure and arrival as needed, within reasonable distance from the airport (exact radius or policy may depend on location, but generally within the metropolitan area). This service must be scheduled in advance with the concierge team.
- Complimentary Upgrades: As described in the package overview, Smart and Prestige Cardholders are each entitled to one complimentary aircraft category upgrade, and Elite Cardholders are entitled to two such upgrades. A “complimentary upgrade” means the Cardholder can request (or accept, if offered by the Company) an aircraft from the next higher category than the one purchased, for a given flight, without any additional cost or hours deducted. For example, a Light Jet Cardholder (Smart tier) could use their one-time upgrade to fly a midsize jet for a particular mission while still being charged at the light jet hourly rate (only the actual light-jet hours for that flight would be deducted from their balance). These upgrade uses are subject to aircraft availability and must be coordinated with the Company at the time of booking. They are typically intended for instances where the Cardholder might need a larger jet for more passengers or longer range on an occasional flight. Once the free upgrade allowance is used up, the Cardholder may still request an aircraft in a higher category, but the flight will then be subject to a conversion rate or additional hours charged (e.g. the Cardholder can choose to have the flight hours deducted at a proportional higher rate or pay the difference in cash) as stated under section 4 of this agreement. Conversely, if a Cardholder requests a smaller aircraft than their category, hours are still deducted at the purchased category’s rate (the Cardholder is free to use a smaller jet, but it will not conserve hours since the Card was purchased for a higher category).
- Safety and Quality Assurance: The Company maintains stringent safety and service standards. All flights are operated by duly licensed air carriers that meet international safety regulations. Aircraft are equipped with appropriate insurance as required by law. While not a direct “service” to the Cardholder, the Company’s commitment to safety underpins every flight. Additionally, if any issue arises (e.g., a mechanical delay), the Company will arrange backup aircraft or alternative solutions for the Cardholder’s travel with minimal delay, at no extra cost to the Cardholder (see Section 5 on operational reliability).
These included services add significant value for Cardholders – from monetary savings (e.g. avoiding separate concierge or VIP service fees) to time savings and convenience. The Company reserves the right to modify the specific vendors or delivery of these services (for example, choice of catering provider or limo company), but guarantees the scope of services as described for each tier during the validity of the Card.
5. Upgrade to Higher Aircraft Category
The Cardholder may, at any time and subject to availability, upgrade to a higher aircraft category for individual flights. Such upgrades shall not affect the validity or remaining balance of the existing Jet Card. The following fixed hourly surcharges shall apply to each hour flown in the upgraded category:
- Light Jet → Midsize Jet: EUR 1,500 per flight hour
- Midsize Jet → Heavy Jet: EUR 7,000 per flight hour
Upgrades must be requested at least 24 hours prior to the desired departure time and may be declined in the event of aircraft unavailability. No further administrative or exchange fees shall apply.
6. Usage of the Jet Card and Authorized users
- Cardholder and Authorized Users: The Jet Card is issued to the Cardholder named on the account, who may be an individual or a legal entity. The default authorized user of the Card is the Cardholder themself. Use of the card account is restricted to the Cardholder and any Authorized Users designated in writing on the account. The Cardholder may designate immediate family members (such as a spouse, children, or parents) as additional Authorized Users who are allowed to request and utilize the Cardholder’s hours for their own travel. The intent of the program is to serve a private group of known users (a “mixed” customer type focused on families and individuals close to the Cardholder, as opposed to broad corporate use). The Cardholder agrees that only they and their named family members (or in the case of a corporate Cardholder, specific named executives or family of the beneficial owner, as approved by the Company) will use the Jet Card hours. Jet Card benefits are not transferable to persons outside the Cardholder’s immediate circle.
- Flights for Authorized Users: When an Authorized User (other than the primary Cardholder) utilizes the Card (for example, a Cardholder’s spouse taking a flight using the Card hours), this will count against the Cardholder’s hour balance as if the Cardholder took the flight. The Cardholder is fully responsible for any flights booked by themselves or their Authorized Users. All terms of this Agreement (including liability waivers, passenger conduct, etc.) apply equally to any Authorized User using the Cardholder’s hours. The Cardholder must ensure that any Authorized User is aware of and abides by the relevant terms and operational procedures. The Company may require that Authorized Users be registered or confirmed in writing. The Cardholder can add or remove Authorized Users by notifying the Company in writing; the Company reserves the right to limit the number of Authorized Users or to vet such users for security reasons.
- Non-Transferability: Except for the Authorized User mechanism described above, the Jet Card cannot be sold, assigned, or transferred to another party. The Jet Card hours are pre-purchased for the Cardholder’s use only. Any attempt to resell hours or use them for charters carrying passengers not associated with the Cardholder or Authorized Users (for example, offering charter flights to third parties using Card hours) is prohibited and will be considered a material breach of this Agreement. The Company retains ownership of any physical membership card or account and may revoke privileges if misuse is detected.
- Account Management: The Cardholder will maintain up-to-date contact information with the Company. The Cardholder (and any Authorized Users) should safeguard any account login or Jet Card membership credentials provided for booking (e.g., if an online booking portal or mobile app is used). The Cardholder is responsible for preventing unauthorized access to their account. If the Cardholder becomes aware of any unauthorized use of their Jet Card hours or account, they must notify the Company immediately. The Company may, at its discretion, put a hold on the account to prevent further use until the issue is resolved.
- Unlimited Flights and No Fractional Ownership: The Jet Card is a pre-paid flight service product and not an aircraft ownership or fractional ownership program. Purchasing a Jet Card does not convey any ownership interest in aircraft or in the Company. The Cardholder is entitled to utilize the number of flight hours purchased during the term; there is no explicit limit to the number of individual flights or trips as long as hours are available (subject to scheduling and notice requirements). Flights will be performed on a charter basis under the Company’s operating partner network. The Company may use different licensed carriers to operate flights, but in all cases, the Cardholder’s contract and point of contact is with the Company (AEREA APJ GmbH). The Company remains responsible for arranging the service and ensuring carrier compliance with these terms.
7. Changes, Cancellations, and Termination
- Flight Changes and Cancellations by Cardholder: The Cardholder may request changes to a booked itinerary (such as time changes, routing changes, or aircraft category changes) by contacting the Company. The Company will accommodate such changes to the extent possible, subject to aircraft/crew availability and any regulatory constraints (e.g., airport curfews). Changes that increase flight time or involve a higher category aircraft (beyond free upgrades) may result in additional hour deductions or charges which will be communicated to the Cardholder for approval before confirming the change.
If the Cardholder needs to cancel a booked flight, the following cancellation policy applies (except in cases of Force Majeure covered separately in Section 6.3):
- Cancellation up to 72 hours before scheduled departure: No penalty – the flight will be canceled with no
deduction of hours and no fees charged. Any hours that had been reserved for that flight are returned to the Cardholder’s balance.
- Cancellation less than 72 hours before departure: The Company reserves the right to charge a late
cancellation fee by deducting a portion of the planned flight hours from the Cardholder’s balance (or, if preferred by the Cardholder, invoicing an equivalent monetary fee instead).
Specifically, if cancellation is made between 72 hours and 24 hours prior to departure, up to 50% of the scheduled trip’s flight hours may be deducted. If cancellation is made within 24 hours of departure, up to 100% of the scheduled trip’s flight hours (i.e. as if the flight had occurred) may be deducted from the balance. These fees reflect the difficulty in re-deploying the aircraft on short notice and costs incurred. The Company will make reasonable efforts to mitigate cancellation costs (for example, if an aircraft can be re- assigned, the Company may reduce or waive the penalty). The above cancellation charges will not apply if the cancellation is due to extenuating circumstances beyond the Cardholder’s control such as a death in the family or medical emergency – in such cases the Company will work with the Cardholder in good faith to minimize any loss of hours.
Any flight canceled by the Cardholder will be confirmed in writing by the Company (email is sufficient) noting any applicable deductions or fees. If the Cardholder does not appear for a scheduled flight (no- show) without notice, it will be treated as a cancellation within 24 hours.
- Flight Cancellations or Delays by Company/Operator: In the event the Company or the operating carrier must cancel or delay a flight due to weather, mechanical issues, crew issues, or other operational reasons, the Company will promptly notify the Cardholder and endeavor to provide an alternative solution. Alternative solutions may include: arranging a substitute aircraft of equal or higher category to operate the flight as soon as possible, re-routing the flight, or rescheduling to a later time agreeable to the Cardholder. If a flight is canceled by the Company and no suitable alternative is provided, the Cardholder will not be charged any hours for that trip; the hours will remain in the Cardholder’s balance as if the flight never were booked. If a substitute aircraft of a higher category is provided (and the substitution is due to Company/ operator inability to perform with the originally intended aircraft), the Cardholder will not be charged additional hours or fees for the upgrade. The Company’s obligation is to either carry out the flight with a comparable service or refund the flight hours; beyond that, the Company is not liable for any consequential damages or costs incurred by the Cardholder due to a cancellation or significant delay, except as may be provided under mandatory law. (See Section 6 for limitation of liability.) The Company will, however, assist the Cardholder with necessary arrangements arising from a delay (e.g. extending ground transportation or hotel bookings via the concierge).
- Force Majeure: The Company shall not be deemed in breach of this Agreement or liable for failure to perform (including failure to provide an aircraft or any service) due to Force Majeure. Force Majeure means any circumstance beyond the reasonable control of the Company or the operating carrier, including but not limited to acts of God; natural disasters; weather conditions rendering flight unsafe; acts of government or authorities (such as air traffic control delays or airport closures); strikes or labor disputes; war, terrorist acts, or civil unrest; epidemic or pandemic-related restrictions; embargoes; or unexpected mechanical or technical issues that ground aircraft despite proper maintenance . If a Force Majeure event prevents or delays a scheduled flight, the Company will notify the Cardholder as soon as possible and may cancel or delay the flight without liability. In case of cancellation for Force Majeure, the Company will not deduct any hours from the Cardholder’s balance for that trip, or if already deducted, will reinstate them. The Company will use best efforts to reschedule or find alternative solutions when a flight is affected by Force Majeure, but cannot guarantee to meet the original schedule. The Cardholder is responsible for their own ancillary costs arising from Force Majeure delays (e.g. hotel if stuck overnight), as such events are beyond the Company’s control; however, the Company’s concierge may assist in arranging accommodations if needed.
- Termination of Agreement: This Agreement is effective upon signature (or other form of acceptance) by the Cardholder and the Company and remains in force until one of the following occurs: (a) the Cardholder’s purchased hours are fully used and the account has no remaining balance (in which case the Agreement will be deemed fulfilled at the end of that last flight, unless the Cardholder purchases a new package); (b) the expiration of the Jet Card validity period with unused hours remaining (hours expire as per Section 1.3 and the Agreement terminates at expiration, unless renewed); or (c) early termination by either party in accordance with this section.
- Termination by Cardholder: The Cardholder may terminate this Agreement at any time by providing 30 days’ written notice to the Company. However, because the Jet Card is a prepaid program, no refund of unused hours will be given for a voluntary early termination by the Cardholder, except at the Company’s discretion or as required by law. The Cardholder will simply retain access to the remaining hours until the termination effective date or card expiry, whichever is earlier, and can continue to use the services in the interim. After the termination date, any unused hours are forfeited. (If the Cardholder is a consumer (natural person) who entered into this Agreement under circumstances giving rise to a statutory right of withdrawal (e.g., a distance selling contract), this provision does not waive any non-waivable right to withdraw within 14 days. The Cardholder acknowledges that if they begin to utilize the Jet Card services (e.g., taking a flight) within the withdrawal period, such use may constitute commencement of performance, potentially extinguishing the right of withdrawal under applicable law. This withdrawal right, if applicable, is detailed in a separate notice provided to consumer Cardholders.)
Upon any termination of the Agreement, the Cardholder’s right to request flights ceases as of the effective termination date. Any flights already booked will be honored if possible (or refunded if they cannot be operated). Provisions of the Agreement relating to liability, governing law, and any other clauses which by their nature extend beyond termination shall survive termination.
8. Fees, Payment and Taxes
- Full Prepayment: The Jet Card fee (the price for the chosen package of hours) is due in full at the time of contract signing, unless otherwise agreed in writing on an invoice or payment schedule. The Company will issue an invoice for the Jet Card purchase, and the Cardholder shall pay the amount in full before the Card is activated. No flights can be taken under the Jet Card until payment is received and cleared. All payments shall be made via accepted methods (bank wire transfer is preferred for large amounts; credit card payments may be accepted for smaller amounts, potentially subject to a surcharge to cover merchant fees – the Company will inform Cardholder of any such surcharge in advance).
- Currency and Pricing: All prices and monetary figures in this Agreement (unless stated otherwise) are in EUR (€). The hourly rates and package prices provided (e.g. in brochures or order forms) are net of VAT. Taxes: Aviation-specific taxes, duties, or fees (for example, government-imposed passenger taxes, departure taxes, or VAT) are handled as follows: If any such tax or fee is applicable to a given flight, the Cardholder will be responsible for that amount in addition to the hour deduction, unless the Company explicitly includes it. For instance, if a domestic flight within a country incurs VAT or a federal excise tax, the Cardholder may either be charged the tax in cash or additional hours may be deducted from the Card to cover the tax cost (the method will be agreed or aligned with legal requirements). The Company strives to include all routine costs in the hourly rates (as noted, rates are fully inclusive of fuel, crew, handling, landing fees, etc.), but government-imposed charges that are not included will be passed through at actual cost. The Company will notify the Cardholder of any such taxes or fees in the flight confirmation. No general sales taxes apply to international charter flights under current law, but if laws change or if a flight does not qualify for an exemption, tax may be added.
- Expiration of Hours and Renewal: As noted in Section 1.3, the Cardholder’s hours expire after 12 or 24 months depending on package. The Company will notify the Cardholder at least one month prior to expiration of any unused hours. The Cardholder may choose to renew or purchase a new Jet Card package; in some cases the Company may allow rolling over unused hours if the Cardholder purchases a new package before expiry (e.g., adding a new block of hours might extend the validity of remaining hours – this is subject to then-current policy and any applicable fees). Otherwise, hours remaining at expiration are void. No monetary refund is given for expired unused hours.
- Additional Charges: The intention of the Jet Card is to avoid ancillary or surprise charges to the Cardholder. In normal operations, the Cardholder should not see bills beyond their initial prepayment. However, the following are scenarios where additional charges may arise:
- Extraordinary Catering or Special Requests: If the Cardholder requests premium catering beyond standard included snacks/beverages (for example, specific expensive champagne, specialty meals, etc.), the Company may either deduct additional hours to cover the expense or bill the Cardholder at cost. The concierge will coordinate approval of any such charges in advance.
- Deviations or Excess Flight Time: If, during a flight, the Cardholder requests a reroute or additional flight time beyond the original itinerary (e.g. adding a stop or circling to sightsee), any resulting additional flight time will be deducted from the Card. Similarly, unscheduled overnights or multi-day itinerary deviations that incur aircraft waiting charges may be handled by additional hour deductions (the Company will be transparent about how such situations are billed).
- Damage or Extraordinary Cleaning: If passengers (Cardholder or their guests) cause damage to the aircraft or extraordinary cleaning is required (beyond normal wear and tear), the Cardholder may be charged for the cost of repair or cleaning. This would typically be invoiced in EUR rather than hours deducted, since it’s outside the flight service itself.
- Fuel Surcharge Contingency: While the hourly rates include fuel and the Company does not presently impose any fuel surcharge, the Company reserves the right to introduce a surcharge in the event of extreme fuel price volatility or introduction of new fuel-specific taxes/levies. This would only occur if jet fuel prices rise beyond a threshold that materially affects operating costs (e.g., a sudden increase of more than [30]% over the baseline price at the time of contract). In such case, the Company would inform the Cardholder in writing of the surcharge mechanism (e.g., a percentage increase in hourly rate or a fixed per-hour fee) and this would apply only to future flight requests (the Cardholder would have the option to use remaining hours before the surcharge effective date or cancel for a pro-rata refund if they do not accept the new surcharge). As of the commencement of this Agreement, all rates are fully guaranteed inclusive of fuel with no surcharge, and the above is merely a precautionary clause.
- Account Replenishment: If the Cardholder approaches depletion of their hours, the Company will notify them when the balance is low (for example, at 5 hours remaining). The Cardholder may purchase additional hours by upgrading to a higher package or buying a new card. If a flight request would exceed the remaining hours, the Cardholder can choose to: (a) pay the excess flight time at the same contracted hourly rate on a one-off basis (billed separately), or (b) purchase a new Jet Card/block of hours to continue the trip. If no arrangement is made, the Company will not undertake a flight that exceeds the remaining balance without securing payment for the overage. In cases where an overage occurs unintentionally (e.g., headwinds cause a flight to use slightly more time than quoted and the Cardholder’s balance goes negative), the Cardholder agrees to pay for the excess time at the contracted rate upon receiving an invoice, or to allow the Company to deduct it from a new Card purchase.
9. Liability and Indemnity
- Liability of the Company: The Company shall deliver its services and obligations under this Agreement with reasonable skill and care, and will ensure that all charter flights are operated by properly licensed and insured carriers. However, the Company’s liability to the Cardholder (and any passengers or users of the Card) is limited to the extent permitted by law. The Company is not liable for any indirect or consequential losses such as lost business, lost profits, emotional distress, or missed opportunities resulting from any cancellation, delay, or service failure, except to the extent such losses are caused by the Company’s gross negligence or willful misconduct. In all cases, the Company’s liability for proven direct damages (excluding bodily injury or death, which are covered below) is limited to the amount the Cardholder has paid for the Jet Card hours at issue (for example, if a particular flight problem caused loss, liability would be capped at the pro-rata hourly value of that flight, or if the entire contract is frustrated, at most the portion of Card value unused or affected).
- Carrier Liability and Warsaw/Montreal Regime: Flights provided under this Agreement may be subject to the rules of the Warsaw Convention of 1929 or the Montreal Convention of 1999 (or related EU regulations) which govern and may limit the liability of air carriers in respect of death or bodily injury, and for loss of or damage to baggage. To the extent those conventions or laws apply to a flight, the liability of the operating carrier is limited (e.g., typically ~128,821 Special Drawing Rights for death or injury if Montreal Convention applies, unless negligence is proven, and baggage liability typically capped at ~1,288 SDR per passenger for checked baggage in commercial aviation). Notice: For charter flights, the operating carrier’s conditions of carriage (including any liability limitations) will apply to passengers on the flight. The Company will provide or notify the Cardholder of any applicable carrier terms on request. However, as between the Company and Cardholder, the Company shall ensure that the carrier has the required insurance (including passenger liability insurance as mandated by EU law). The Cardholder and passengers fly at their own risk to the extent allowed by law. Nothing in this Agreement is intended to limit liability for death or personal injury caused by an operator’s negligence or to limit any mandatory consumer rights.
- Indemnity: The Cardholder agrees to indemnify and hold harmless the Company, its officers, employees, and agents against any third-party claims, damages, or liabilities (including reasonable legal fees) arising from: (a) misuse of the Jet Card or breach of this Agreement by the Cardholder or any Authorized User; (b) any false or misleading information provided by the Cardholder (such as incorrect passenger information or dangerous goods not declared); or (c) any damage caused by Cardholder or their guests to chartered aircraft or property. This indemnity does not apply to the extent such claims or damages are caused by the Company’s own negligence or breach.
- Insurance: The Company (or its partner operators) will maintain aircraft liability insurance consistent with industry standards for the aircraft category, typically including passenger legal liability coverage well above the minimum required by EU regulations. The Cardholder may request a certificate of insurance for any flight’s operator. Personal travel insurance for passengers is not provided by the Company; Cardholder and passengers should procure their own travel/accident insurance if desired. The Company does not provide insurance for lost or damaged personal belongings; however, standard carrier liability (as noted above) will apply to luggage.
- Passenger Conduct: The Cardholder is responsible for the conduct of all passengers traveling under their Jet Card (whether the Cardholder is on board or an Authorized User is on board). All passengers must adhere to the lawful instructions of the flight crew and comply with all security, safety and customs/immigration regulations. Smoking onboard is prohibited unless specifically permitted by the operator on that aircraft (most light and midsize jets are non-smoking; some heavy jets may allow smoking in cabin subject to carrier policy – inquire in advance). The use of any illegal drug or any behavior that endangers flight safety will result in immediate termination of the flight (diversion if needed) and possible expulsion from the Jet Card program with forfeiture of hours. The Cardholder will be liable for any costs arising from misconduct (e.g., fines, damages, or delays).
10. Miscellaneous Provisions
- Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany (Deutsches Recht). The parties acknowledge that this Agreement is a business-to-customer service contract falling under German jurisdiction. If the Cardholder is a consumer domiciled in the EU, mandatory consumer protection provisions and jurisdiction rules apply to this Agreement as per EU law (including the possibility that the Cardholder might bring claims in their home country under certain conditions). Subject to any such mandatory provisions, the parties agree that the courts of Berlin, Germany shall have exclusive jurisdiction to adjudicate any disputes arising out of or in connection with this Agreement. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply, as this is predominantly a service contract.
- Entire Agreement: This Agreement (including any attached Schedules or the Jet Card program description incorporated by reference) constitutes the entire understanding between the Cardholder and the Company with respect to the Jet Card services. It supersedes all prior discussions, proposals, or agreements (whether oral or written) relating to the Jet Card. In entering this Agreement, the Cardholder confirms that they are not relying on any representation that is not expressly stated herein. No modification of this Agreement shall be binding unless in writing and signed by both parties (except that the Company may update certain operational policies, as described below, with notice).
- Changes to Program Terms: The Company may from time to time need to update the terms or features of the Jet Card program (for example, if regulatory changes require new procedures, or if improvements are made to the program). Material changes to the terms of this Agreement will be communicated in writing to the Cardholder and, if adverse to the Cardholder’s rights, will only apply upon the Cardholder’s consent or upon renewal of the Card. Insignificant or beneficial changes (such as adding a new included service, or a minor change in procedure) can apply immediately, and updated terms will be provided. The Company will not retroactively deprive the Cardholder of core benefits (e.g., no new fees will be imposed on already-purchased hours except as allowed under the Agreement). Use of the Jet Card after notification of a change constitutes acceptance of the updated terms, provided that the Cardholder has been informed that continued use implies acceptance.
- Severability: If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision shall be ineffective to the extent of the invalidity only, without affecting the remaining provisions of this Agreement. The parties shall, in good faith, replace any invalid provision with a valid provision that comes closest to the original intent and economic effect.
- Assignment: The Cardholder may not assign or transfer this Agreement or any rights/ obligations hereunder (except as allowed for Authorized Users to utilize hours, which does not constitute a transfer of contractual rights). The Company may assign or delegate its rights and obligations to an affiliate or successor entity in the event of corporate reorganization or sale of the Jet Card business, provided that the service standards herein are maintained and the Cardholder’s rights are not materially affected.
- Notices: Any notice required under this Agreement shall be in writing and shall be deemed given: if emailed, upon sending to the recipient’s designated email address (for the Company, use the official email such as info@aerea.aero or that of the Cardholder’s representative; for Cardholder, the email provided in the account details); if delivered by courier, upon delivery; if mailed, 3 business days after posting. Notices regarding critical operational matters (such as flight cancellations) may be given by telephone with subsequent written confirmation.
- Language: This Agreement is written in English at the request of the Cardholder (English being the working language of international business for the Company). Any translation of this Agreement (if provided) is for convenience. In case of any inconsistency between the English text and a translated version, the English version shall prevail in interpretation. The use of English does not affect the applicability of German law.