Terms of service.
GENERAL TERMS & CONDITIONS
Priv8 Flights B.V.
Beechavenue 54, 1119 PW Schiphol-Rijk, The Netherlands
KVK: 97257958
BTW: NL867973389B01
Last updated: 01/08/2025
CHAPTER I – GENERAL PROVISIONS
Article 1 – Definitions
For the purposes of these General Terms & Conditions:
1.1 Priv8 Flights B.V.: the private limited liability company, incorporated and existing under the laws of the Netherlands, with its registered office in Schiphol-Rijk, acting solely as an intermediary between the Client and Third-Party Service Providers within the meaning of Article 7:425 of the Dutch Civil Code (brokerage agreement).
1.2 Client: any natural or legal person entering into, or negotiating, an agreement with Priv8 Flights B.V.
1.3 Third-Party Service Provider: any external party providing the actual performance of the booked service, including but not limited to airlines, yacht charter companies, hotels, security companies, event organisers, and other service providers.
1.4 Services: all brokerage activities, bookings, advisory, logistical support, and coordination by Priv8 Flights B.V., including – but not limited to:
a. Aviation Services – private charter flights, helicopter charters, empty legs, group and shared charters;
b. Maritime Services – yacht charters, harbour transfers;
c. VIP Concierge & Hospitality;
d. Security Services – bodyguards, transport security;
e. Event Organisation and hospitality services;
f. Adult Entertainment, only where legally permitted.
1.5 Agreement: any legal relationship between Priv8 Flights B.V. and the Client, including digital bookings, written contracts, and orally confirmed assignments.
1.6 Force Majeure: any circumstance as defined in Article 6:75 of the Dutch Civil Code that temporarily or permanently prevents Priv8 Flights B.V. from performing its obligations, including but not limited to: natural disasters, war, terrorism, pandemics, strikes, governmental measures, technical failures, weather conditions, and transport delays.
Article 2 – Applicability
2.1 These General Terms & Conditions apply to all offers, quotations, agreements, and deliveries by Priv8 Flights B.V., as well as to all pre-contractual and non-contractual relationships.
2.2 Deviations are valid only if expressly confirmed in writing by Priv8 Flights B.V.
2.3 The applicability of the Client’s general terms and conditions is expressly rejected (Article 6:225(3) of the Dutch Civil Code).
2.4 If any provision is null and void or annulled, the remaining provisions will remain in full force and effect (severability clause).
Article 3 – Role and Legal Position of Priv8 Flights B.V.
3.1 Priv8 Flights B.V. acts solely as an intermediary and not as the executor of the booked services.
3.2 Priv8 Flights B.V. bears no operational responsibility and does not guarantee the availability, quality, or safety of the actual performance by Third-Party Service Providers.
3.3 The Client acknowledges that the performance of the booked service is subject to the terms & conditions, statutory provisions, and safety protocols of the relevant Third-Party Service Provider.
3.4 Priv8 Flights B.V. may subcontract the execution of services to third parties without the Client’s prior consent.
CHAPTER II – CONTRACTUAL RELATIONSHIP
Article 4 – Formation of Agreement
4.1 Offers and quotations from Priv8 Flights B.V. are non-binding unless expressly stated otherwise in writing.
4.2 An Agreement is formed once Priv8 Flights B.V. has confirmed the Client’s booking in writing, by e-mail, or via a digital reservation system.
4.3 Oral commitments are binding only if confirmed in writing by Priv8 Flights B.V.
4.4 Priv8 Flights B.V. reserves the right to refuse assignments without stating reasons.
Article 5 – Representation and Brokerage
5.1 Priv8 Flights B.V. concludes agreements with Third-Party Service Providers on behalf of and for the account of the Client, unless otherwise agreed in writing.
5.2 Priv8 Flights B.V. acts in accordance with Article 7:425 of the Dutch Civil Code (brokerage agreement) and may perform all legal acts necessary for the proper execution of the assignment.
5.3 The Client hereby grants Priv8 Flights B.V. an irrevocable power of attorney to act on its behalf towards Third-Party Service Providers.
Article 6 – Prices, Invoicing and Payments
6.1 All prices are quoted in euros (€) and are exclusive of VAT, surcharges, levies, and other governmental charges, unless otherwise agreed in writing.
6.2 Payment must be made in full prior to commencement of the service.
6.3 Price adjustments, fuel surcharges, airport taxes, and currency fluctuations may be passed on to the Client.
6.4 In the event of late payment, the Client will be in default by operation of law and statutory interest will be due in accordance with Article 6:119 (consumer transactions) or Article 6:119a (commercial transactions) of the Dutch Civil Code, plus collection costs in accordance with Article 6:96(2)(c) of the Dutch Civil Code.
6.5 Priv8 Flights B.V. may cancel reservations in the event of non-payment or late payment.
CHAPTER III – PERFORMANCE AND LIABILITY
Article 7 – Performance by Third Parties
7.1 Actual performance of the services is exclusively provided by Third-Party Service Providers.
7.2 Priv8 Flights B.V. is not liable for shortcomings, errors, or omissions of Third-Party Service Providers.
7.3 The Client accepts that service performance may be affected by factors beyond the control of Priv8 Flights B.V., including operational and safety decisions made by pilots, captains, or security coordinators.
Article 8 – Limitations of Liability
8.1 The liability of Priv8 Flights B.V. is limited to direct damages that are the direct result of intent or gross negligence on the part of Priv8 Flights B.V., up to a maximum of the invoice amount for the relevant service.
8.2 Priv8 Flights B.V. shall never be liable for indirect damages, consequential damages, loss of profit, loss of business opportunities, emotional damages, or other immaterial losses.
8.3 For aviation services, the liability limitations of the Montreal Convention 1999 and relevant EU regulations (including Regulation (EC) No 261/2004 on passenger rights) apply.
8.4 For maritime services, the limitations of the United Nations Convention on the Law of the Sea (UNCLOS) and the International Maritime Organization (IMO), including SOLAS (Safety of Life at Sea), apply.
Article 9 – Obligations of the Client
9.1 The Client is responsible for providing all required information fully, accurately, and in a timely manner.
9.2 The Client is solely responsible for obtaining valid travel documents, visas, customs declarations, health certificates, and insurance coverage.
9.3 If the Client fails to comply with these obligations, Priv8 Flights B.V. is entitled to terminate the Agreement without refund.
CHAPTER IV – SERVICE-SPECIFIC PROVISIONS
Article 10 – Aviation Services
10.1 All aviation services are subject to the applicable international aviation treaties, including the Montreal Convention 1999, and to the national laws and regulations of the country of departure, transit, and arrival.
10.2 Flights may be modified or cancelled without prior notice by the Third-Party Service Provider for reasons of safety, weather conditions, technical issues, or governmental instructions.
10.3 The captain/pilot in command shall at all times have full authority over the operation of the flight, any route changes, and passenger acceptance.
10.4 Baggage and cargo limitations are subject to the rules of the Third-Party Service Provider and relevant aviation authorities.
Article 11 – Maritime Services
11.1 All maritime services are subject to the United Nations Convention on the Law of the Sea (UNCLOS) and the regulations of the International Maritime Organization (IMO), including SOLAS (Safety of Life at Sea).
11.2 The vessel master (captain) shall at all times have the right to alter or deviate from planned routes for safety reasons or due to weather conditions.
11.3 Yacht charters may be subject to harbour fees, customs duties, and permit requirements, which are the responsibility of the Client.
Article 12 – Events & Hospitality
12.1 Priv8 Flights B.V. is not responsible for changes, cancellations, or restrictions imposed by organisers, venues, or governmental authorities.
12.2 Tickets, access passes, and reservations are subject to the terms and conditions of the relevant Third-Party Service Provider and are generally non-refundable.
12.3 VIP access and hospitality services are subject to capacity limits and safety regulations.
Article 13 – Security Services
13.1 Security services are provided solely for preventive purposes and do not constitute a guarantee against incidents.
13.2 Security personnel shall operate within the boundaries of the law and may intervene in situations they deem necessary for safety.
13.3 The Client must strictly follow all safety instructions given by security personnel.
Article 14 – Adult Entertainment
14.1 Adult entertainment is only offered where legally permitted and in compliance with local laws and regulations.
14.2 The Client is solely responsible for ensuring compliance with all applicable laws in the country where the service is provided.
14.3 Priv8 Flights B.V. accepts no liability for any damages or claims arising from the use of such services.
CHAPTER V – FORCE MAJEURE AND DISPUTES
Article 15 – Force Majeure
15.1 In the event of force majeure (Article 6:75 Dutch Civil Code), Priv8 Flights B.V. is entitled to suspend or terminate the Agreement without liability for damages.
15.2 Force majeure includes, but is not limited to: natural disasters, war, terrorism, pandemics, strikes, governmental measures, technical failures, and severe weather conditions.
15.3 If a force majeure situation lasts longer than 30 days, either party may terminate the Agreement in writing without any obligation to pay compensation.
Article 16 – Complaints
16.1 Complaints regarding the performance of the service must be submitted to Priv8 Flights B.V. immediately, but no later than 7 days after execution, in writing.
16.2 Complaints regarding the performance by Third-Party Service Providers must be submitted directly to such parties, with a copy to Priv8 Flights B.V.
16.3 Priv8 Flights B.V. will make reasonable efforts to mediate but cannot make binding commitments on behalf of Third-Party Service Providers.
Article 17 – Governing Law and Jurisdiction
17.1 All agreements shall be governed exclusively by Dutch law.
17.2 Any disputes shall be submitted exclusively to the competent court in Amsterdam, the Netherlands, unless mandatory law provides otherwise.
CHAPTER VI – PRIVACY & DATA PROTECTION
Article 18 – Privacy Policy
18.1 Priv8 Flights B.V. processes personal data solely in accordance with the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679) and the Dutch Implementation Act of the GDPR.
18.2 Personal data will only be shared with Third-Party Service Providers if necessary for the performance of the Agreement.
18.3 The Client has the right to access, rectify, restrict, transfer, and delete personal data, as well as the right to object to its processing.
Article 19 – Data Retention
19.1 Priv8 Flights B.V. will not retain personal data longer than strictly necessary for the execution of the Agreement or as required by law.
19.2 After the retention period, personal data will be securely destroyed or anonymised.
Article 20 – Data Security
20.1 Priv8 Flights B.V. shall take appropriate technical and organisational measures to protect personal data against loss, theft, or unauthorised access.
20.2 In the event of a data breach, Priv8 Flights B.V. will promptly notify the Dutch Data Protection Authority and, where required, the affected data subjects.