1.1. Liability. Except (A) as may be required by Regulation (EC) N° 2027/1997, as amended by Regulation (EC) N° 889/2002, or any other regulation or treaty, in each case to the extent actualyactually applicable to Jetlux, or (B) to the extent covered by Jetlux non-owned aircraft liability insurance: (i) Jetlux shall not have nor assume any responsibility or liability to any Charterer for activities performed by any Aircraft Operator; (ii) the Aircraft Operator shall be solely responsible for all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with the aircraft operated by the Aircraft Operator, including without limitation all personal injuries, property damage or wrongful death; (iii) Jetlux is not responsible for any negligent act or omission by an Aircraft Operator or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur; and (iv) Jetlux shall not be liable under any contract, negligence, strict liability or other legal or equitable theory for any consequential, indirect, incidental, special, punitive, exemplary or reliance damages, any amounts in excess of the price paid for a particular flight, or any matter beyond its reasonable control.

The Charterer is responsible for any harm to an Aircraft caused by the Charterer, its assignees, agents, employees and invitees, and the Charterer shall indemnify and hold free and harmless Jetlux, its affiliates, officers, employees and agents against any costs, claims, damages or liability of any sort that may fall upon Jetlux by reason of any act or omission of the Charterer, its assignees, agents, employees and invitees.

Jetlux will not be liable or responsible for any failure or delay in performing any of its obligations hereunder occasioned by any of the following causes: weather (including adverse weather conditions preventing any services, inspections or flights of the Aircraft), work stoppages, strikes, acts of war or terrorism, acts of God or the public enemy, civil war, insurrection or riots, fires, floods, explosions, earthquakes, serious accidents, epidemics, quarantine restrictions, acts of government (including government shut-downs), governmental priorities, labour disputes causing cessation, slowdown or interruption of work, supplies, parts or materials, or any other cause not within the direct control of Jetlux. NEITHER PARTY HERETO SHALL IN ANY CASE BE RESPONSIBLE TO THE OTHER FOR INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES AS A RESULT OF ANY ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT. IN ADDITION, THE CHARTERER AGREES THAT IN ALL CASES TO WHICH SUCH INSURANCE APPLIES THE PROTECTION THEREUNDER AND PROCEEDS THEREOF TO WHICH THE CHARTERER IS ENTITLED SHALL BE THE CHARTERER’S SOLE RECOURSE AGAINST JETLUX AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR LOSS OF PROFITS AND/OR ANY OTHER DAMAGES CLAIMED BY THE CHARTERER OR ANY GUEST OF THE CHARTERER, EXCEPT TO THE EXTENT CAUSED BY OR DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF JETLUX, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES.

These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. 1.2. The indemnities contained in these Standard Charter Terms shall survive the termination of any Agreement.

2. CANCELLATION
If the Charterer wishes to cancel any Flight(s) after confirmation of the related Agreement, the following rates will be paid immediately by the Charterer to Jetlux as agreed compensation for such cancellation 50% of the Charter Price if cancelled after completion of an Agreement; 100% of the Charter Price if cancelled within 2 weeks of the scheduled departure time as set out in a Charter Contract.

3. TERMINATION
3.1. Each Agreement may be terminated immediately upon written notice from Jetlux or the Carrier if the Charterer:
3.1.1. defaults in the payment of any amount payable hereunder on due date; or
3.1.2. behaves in a manner which in the reasonable opinion of Jetlux is likely to bring Jetlux into disrepute or otherwise to compromise or adversely affect the reputation and standing of Jetlux.

4. EFFECT OF DEFAULT
4.1. If an Agreement is terminated, then the Charterer shall (without prejudice to any other rights and remedies which the Carrier may have) pay forthwith to Jetlux, as payment gateway for the Carrier, all amounts then due and unpaid to the Carrier hereunder, together with interest thereon (if any) and the Charterer shall indemnify and keep the Carrier indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the Carrier as a result of such termination and the Carrier shall be entitled to retain any initial deposit paid by the Charterer.
4.2. The Charterer shall indemnify the Carrier against any claims by any passenger of the Charterer arising out of the termination of an Agreement.

5. SET-OFF AND APPLICATION OF MONEYS
Only Jetlux, as payment gateway for the Carrier, may at any time without notice to the Charterer at its discretion set-off any amounts paid by the Charterer to the Carrier and/or Jetlux hereunder against any amounts then due to the Carrier and/or Jetlux under an Agreement or against any amount otherwise due at such time from the Charterer to the Carrier and/or Jetlux.

6. DISPUTE IN CASE OF REFUND
If you are unhappy with the service received, a formal complaint should be made to ops@jetlux.aero. By purchasing a product from us, you acknowledge and agree that in case of a dispute regarding your entitlement to any cancellation and/or refunds, our decision will be final.