1. Definitions and Interpretation

In these General Terms & Conditions (the "Terms"), the following expressions shall, unless the context otherwise requires, have the meanings set out below.

"Colibrì Jets" means the sole proprietorship (eenmanszaak) trading under the name Colibrì Jets, registered with the Dutch Chamber of Commerce (KVK) under number 42129489, VAT (BTW) number NL005518347B17, with its address at Eikenstraat 48, 1326 AK Almere, the Netherlands, acting as the broker or agent arranging charter flight services, or any successor to that business that is identified as the broker in the applicable Booking Confirmation.

"Charterer" or "Client" means the person or legal entity requesting, purchasing, or otherwise accepting charter brokerage services from Colibrì Jets, whether acting for itself or on behalf of any Passenger or other principal.

"Consumer" means a Charterer who is a natural person contracting in their personal capacity, for purposes outside any trade, business, craft, or profession. A Charterer that is a company or other legal entity is not a Consumer, and an individual contracting as part of their own registered business or professional activity is not a Consumer for that booking.

"Operating Carrier" or "Operator" means the third-party air carrier, identified in the Booking Confirmation, responsible for operating the flight and providing air carriage.

"Operator Terms" means the terms and conditions of the Operating Carrier, and of any sub-carrier, that are expressly incorporated into or referred to in the Booking Confirmation.

"Booking Confirmation" means the document issued or countersigned in connection with a specific charter booking, setting out the key commercial terms of that booking.

"Mission" means the charter flight, or series of flights, described in the Booking Confirmation.

"Charter Price" means the total amount invoiced by, and payable to, the Operating Carrier for the flight operation, which the Charterer pays to the Operating Carrier in full. The Charter Price may include an amount reflecting the Commission, built into the price agreed between Colibrì Jets and the Operating Carrier before the Operating Carrier quotes the Charterer; the Charterer does not pay Colibrì Jets separately, and the Commission is settled between Colibrì Jets and the Operating Carrier as set out in Section 5.

"Commission" means the amount payable by the Operating Carrier to Colibrì Jets for arranging a booking, as described in Section 5. It is also referred to in these Terms as Colibrì Jets' brokerage fee.

"Ancillary Services" means any non-flight travel services arranged in connection with a booking, including catering, ground transport, hotel accommodation, concierge support, permits, special handling, and similar services. Ancillary Services are always separately identified and separately priced, whether shown as itemized lines on the same invoice as the Charter Price or on a separate invoice, and are never combined with the Charter Price into a single, undifferentiated all-in price.

"Passengers" means all persons carried or intended to be carried on the aircraft pursuant to the relevant booking.

"Charterer Conduct" means any act or omission of the Charterer or any Passenger that causes or contributes to a delay, cancellation or refusal of carriage, including late arrival or no-show, late, incomplete or inaccurate information or documents, non-payment, and breach of these Terms, the Booking Confirmation, the Operator Terms or applicable law.

"Force Majeure" means the events and circumstances described in Section 19.

References to applicable law include all statutes, regulations, sanctions rules, aviation regulations, airport rules, consumer-protection law, and other regulatory requirements applicable to the booking, the parties, the Passengers, or the performance of the flight. References to "writing" or "written" include email and other written electronic communication, as set out in Section 21. Headings are for convenience only and shall not affect interpretation. Unless the context otherwise requires, words in the singular include the plural and vice versa, and references to one gender include all genders.

2. Scope and Status of Colibrì Jets

Colibrì Jets acts as an independent air charter broker and intermediary. Colibrì Jets does not own, lease, manage, control, or operate aircraft and does not itself undertake to perform air carriage. Flights are performed by independent third-party Operating Carriers holding the relevant operating licenses, approvals, and authorisations required for the relevant Mission, subject always to applicable law and operational availability.

Colibrì Jets' role is limited to sourcing, negotiating, arranging, and coordinating charter flight services and, where applicable, related Ancillary Services, which are always arranged and priced separately from the flight itself. The contract for the actual operation of the flight and the provision of air carriage is with the Operating Carrier, whether directly or through the arrangements reflected in the Booking Confirmation. Any obligations relating to the safe operation of the aircraft, flight planning, crewing, maintenance, regulatory compliance for flight operations, and command decisions rest with the Operating Carrier and the aircraft commander, not with Colibrì Jets.

Colibrì Jets does not sell, and shall not be treated as selling, any combination of the flight with accommodation, ground transport, or other travel services for a single, combined price. Each such service, if arranged, is a separate contract with its own supplier, invoiced separately.

3. Application of Terms and Booking Documents

These Terms apply to all services provided by Colibrì Jets unless expressly varied in writing. Each Booking Confirmation, quotation, schedule, invoice, operator supplement, or ancillary-service confirmation forms part of the contractual framework between the parties to the extent applicable to the relevant booking.

In the event of inconsistency, the following order of precedence shall apply unless expressly stated otherwise in writing: (a) the Booking Confirmation for the relevant Mission; (b) any Operator Terms; (c) these Terms; and (d) any other supporting commercial document issued by Colibrì Jets.

By accepting a Booking Confirmation, the Charterer agrees, as between the Charterer and the Operating Carrier, to the Operator Terms that it incorporates or refers to, provided Colibrì Jets has given the Charterer those terms, or a link to them, before acceptance.

4. Booking Process and Formation of Contract

A quotation or proposal issued by Colibrì Jets is indicative only unless expressly stated to be binding for a stated validity period. Aircraft availability, pricing, route feasibility, permits, airport slots, crew availability, and other operational matters remain subject to confirmation until the relevant booking is expressly accepted and reconfirmed.

The Booking Confirmation binds the Charterer from the time the Charterer accepts it in writing, by or on behalf of the Charterer. A booking is treated as confirmed, and the aircraft as secured, only when, in addition, the required payments have been made to the Operating Carrier in accordance with the Booking Confirmation and the Operating Carrier has accepted and reconfirmed the Mission. Colibrì Jets will inform the Charterer promptly if the Operating Carrier does not reconfirm the Mission. Cancellation charges apply as set out in Section 11.2. Colibrì Jets may accept scanned signatures, counterpart execution, and acceptance by email or other written electronic communication as binding evidence of agreement, to the extent permitted by applicable law.

A person who submits or accepts a booking on behalf of another person or company (for example an assistant, office manager, family member, or employer) warrants that they are authorised to do so. The Booking Confirmation will name the contracting party as Charterer. If the person booking was not authorised, they are personally bound by the Booking Confirmation as the Charterer.

Where the Charterer is a Consumer, Colibrì Jets will provide the pre-contractual information required by applicable Dutch and EU consumer-protection law before the booking is treated as confirmed, including clear disclosure of the total Charter Price, any Ancillary Services and their separate cost, and that Colibrì Jets' own remuneration is paid by the Operating Carrier and does not form part of the amount the Charterer pays.

5. Broker Compensation and Commercial Transparency

Colibrì Jets acts as an independent air charter broker. Colibrì Jets negotiates its Commission with the Operating Carrier before the Operating Carrier quotes the Charterer, and that Commission is built into the Charter Price the Operating Carrier subsequently invoices to the Charterer. The Commission is payable to Colibrì Jets by the Operating Carrier under a separate agreement between Colibrì Jets and the Operating Carrier, and is not separately invoiced to, or collected from, the Charterer, save as expressly agreed otherwise in writing for a specific booking.

Colibrì Jets does not receive, hold, or otherwise take possession of any funds belonging to the Charterer at any point. All amounts payable in respect of a booking, including the Charter Price, taxes, and any Ancillary Services, are paid by the Charterer directly to the Operating Carrier or, as applicable, the relevant Ancillary Service supplier, in accordance with Section 7.

Upon reasonable request, Colibrì Jets will confirm to the Charterer that it receives the Commission from the Operating Carrier in connection with the booking, consistent with standard practice in the air charter brokerage industry.

6. Pricing, Taxes, and Additional Charges

All pricing is based on the itinerary, passenger profile, baggage profile, service scope, airport assumptions, routing assumptions, and operational conditions known at the time of quotation. Unless expressly stated otherwise, prices may exclude de-icing, extraordinary airport or handling charges, hangarage, non-routine parking, special catering, permit costs, traffic-right costs, customs-related charges, ground transport, passenger-caused delays, and costs arising from itinerary changes or operational developments outside the assumptions used when pricing the Mission.

Any value added tax, sales tax, duty, passenger tax, withholding, levy, or similar fiscal charge shall be borne by the Charterer to the extent applicable, unless expressly included in writing. If any tax treatment or regulatory assumption changes after quotation or booking, the Operating Carrier may pass through the resulting additional costs to the Charterer to the extent permitted by law and the applicable booking documents.

7. Payment Structure

The Charterer shall pay the Charter Price, all applicable taxes, and any Ancillary Services costs directly to the Operating Carrier or, as applicable, the relevant Ancillary Service supplier, in accordance with the payment deadlines, banking instructions, and reference requirements stated in the Booking Confirmation or invoice. Colibrì Jets shall not collect, hold, or process any part of these amounts on the Charterer's behalf.

Colibrì Jets' brokerage fee is payable to Colibrì Jets by the Operating Carrier separately, under the terms of Colibrì Jets' own agreement with that Operating Carrier, and does not affect, reduce, or form part of the amount payable by the Charterer.

Colibrì Jets may prepare, format, and forward invoices to the Charterer using its own branding and booking references, for convenience and continuity of communication. Any such invoice will clearly disclose that it is issued by Colibrì Jets on behalf of, and containing the payment details of, the Operating Carrier or relevant Ancillary Service supplier, who remains the sole payee. Forwarding or formatting an invoice in this way does not make Colibrì Jets a party to the payment and does not alter the Charterer's obligation to pay the Operating Carrier or supplier directly.

No aircraft, slot, or service shall be deemed secured until the Operating Carrier has received cleared funds, availability has been reconfirmed, and written confirmation has been issued or maintained. Colibrì Jets shall treat the Operating Carrier's written confirmation of receipt of cleared funds as conclusive evidence of payment for the purpose of confirming the booking to the Charterer. Failure by the Charterer to make any payment when due may result in release of the aircraft, withdrawal of the quotation, cancellation of the booking, denial of boarding, or the application of cancellation charges and additional costs by the Operating Carrier.

8. Non-Payment and Credit Risk

If the Charterer fails to pay any amount due to the Operating Carrier or an Ancillary Service supplier, that party may take the action permitted by its own terms and applicable law, including release of the aircraft, cancellation, denial of boarding, or pursuit of the debt directly against the Charterer (see also Section 11.2). Colibrì Jets has no obligation, and no right, to collect sums owed by the Charterer to the Operating Carrier or any supplier, and shall not be liable for the Charterer's failure to pay any such party.

9. Passenger Information and Travel Documentation

The Charterer shall provide complete, accurate, and timely passenger information, including all details reasonably required for manifesting, customs, immigration, security, sanctions screening, permit processing, or operator requirements. Such information may include full legal names as shown on travel documents, dates of birth, nationality, passport details, contact details, baggage information, and pet details. Information about health, disability, or mobility, dietary needs that reveal a medical condition or religious belief, and any other special category of personal data is collected and shared only with the explicit consent of the person concerned (or, for a minor, of the person with parental responsibility), given in the Booking Confirmation or Charter Agreement, and may be withdrawn at any time as described in the Privacy Policy. Providing it is optional, but the Operating Carrier may be unable to arrange particular assistance without it. Personal data provided under this Section is processed in accordance with Section 20.

The Charterer is solely responsible for ensuring that all Passengers hold valid passports, visas, health documentation, vaccination records, transit permissions, customs clearances, and other entry, exit, or overflight permissions required for the itinerary. Colibrì Jets shall have no responsibility for denied boarding, delay, diversion, refusal of entry, confiscation, fines, or additional costs arising from incomplete, inaccurate, or untimely passenger information or insufficient travel documentation.

10. Changes Requested by the Charterer

Any request by the Charterer to amend the itinerary, schedule, airports, passenger numbers, baggage profile, onboard services, ground services, or any other aspect of the booking shall be subject to operator approval, aircraft availability, operational feasibility, slot availability, permit feasibility, and repricing. No requested change shall be binding unless confirmed in writing by Colibrì Jets and, where required, by the Operating Carrier.

The Charterer shall be responsible for any increased Charter Price, third-party charges, positioning costs, parking costs, crew costs, permit costs, tax changes, or other expenses arising from such requested changes, payable directly to the Operating Carrier or relevant supplier.

11. Cancellations and Refunds

11.1 Cancellation by the Charterer. Any cancellation by the Charterer must be notified in writing by email and takes effect when it is first received by Colibrì Jets or by the Operating Carrier, as shown by the time of delivery of the email. Colibrì Jets will forward any cancellation notice it receives to the Operating Carrier without undue delay. Where the Booking Confirmation gives an email address for the Operating Carrier, the Charterer should send the notice to both. A cancellation first notified by telephone or messaging app takes effect only as set out in Section 21.4.

11.2 Cancellation charges. Each Booking Confirmation will state the cancellation charges that apply, by reference to the time of cancellation before scheduled departure. Those charges are the cancellation charges of the Operating Carrier, as set out in the Operator Terms or in the Booking Confirmation itself, and are payable to the Operating Carrier. They apply from the later of (a) the time the Charterer accepts the Booking Confirmation and (b) the time the Operating Carrier confirms the Mission in writing, unless the Booking Confirmation states an earlier time that the Operating Carrier has agreed. If a Booking Confirmation does not state the cancellation charges, the cancellation charges in the Operating Carrier's published terms for the Mission apply, which Colibrì Jets will provide to the Charterer on request. If the Charterer cancels part of a Mission, the charge applies to the part cancelled. If the Charterer fails to pay when due, the Operating Carrier may treat the Mission as cancelled by the Charterer and apply the applicable charge (see Section 7).

11.3 Third-party costs and payments. The Charterer shall in all cases remain liable for all non-refundable third-party costs already incurred or committed, including handling, permits, parking, positioning, special catering, ground services, and similar charges. Those costs are payable by the Charterer directly to the Operating Carrier or the relevant supplier, and any refund of the Charter Price is refundable by the Operating Carrier directly, in each case subject to the Operator Terms and the Booking Confirmation. Colibrì Jets is not a party to any such payment or refund and shall not be responsible for collecting, holding, or refunding any monies paid by the Charterer to the Operating Carrier or any supplier. Colibrì Jets will use reasonable efforts to help the Charterer pursue a refund that is due.

11.4 Brokerage fee. Colibrì Jets' brokerage fee is paid by the Operating Carrier and is a matter between Colibrì Jets and the Operating Carrier; it does not give rise to any refund claim by the Charterer against Colibrì Jets. The proportion of its fee, if any, that Colibrì Jets retains where a cancellation charge under this Section 11 applies is governed by the separate agreement between Colibrì Jets and the Operating Carrier, and does not affect the amount owed by, or refundable to, the Charterer.

11.5 Ancillary Services. Refunds relating to Ancillary Services shall be limited to amounts actually recovered from the relevant third-party provider and may be subject to deductions made by the provider, non-refundable deposits, supplier cancellation terms, and bank charges.

11.6 Cancellation, substitution and delay by the Operating Carrier. Where the Operating Carrier cancels a Mission or a flight within it, substitutes an aircraft, or delays a flight, for reasons other than Force Majeure or Charterer Conduct, the consequences for the Charterer (including any substitute aircraft, any refund and its timing, and any right to cancel after a delay) are those stated in the Booking Confirmation and the Operator Terms, together with any rights the Charterer has under mandatory law. Colibrì Jets does not promise any substitute aircraft, refund, or remedy for delay beyond what the Booking Confirmation and the Operator Terms provide. Any refund is refundable by the Operating Carrier directly (see Section 11.3). The Charterer remains liable for any flight already performed.

11.7 Force Majeure and Charterer Conduct. Where a Mission is cancelled or cannot be performed because of Force Majeure (Section 19) or Charterer Conduct, any refund of amounts paid for flights not performed is governed by the Operator Terms and by mandatory law, and is refundable by the Operating Carrier.

11.8 Position of Colibrì Jets. Sections 11.6 and 11.7 describe the position between the Charterer and the Operating Carrier. Colibrì Jets arranges the Mission; it does not operate it, hold funds, or guarantee that the Operating Carrier will perform or refund. Colibrì Jets will give the Charterer the Operator Terms, or a link to them, before the Charterer accepts the Booking Confirmation; will state in the Booking Confirmation the cancellation charges and what the Operating Carrier provides if it cancels or delays a flight, including any refund period; will inform the Charterer promptly of any cancellation or delay it learns of; and will use reasonable efforts to assist. Colibrì Jets' liability in connection with this Section 11 is limited as set out in Section 17.

11.9 Mandatory law. Nothing in this Section 11 excludes or limits rights that cannot lawfully be excluded or limited (see Section 23).

12. Operator Rights, Aircraft Substitution, and Operational Control

12.1 Operational conditions. All flights are subject to aircraft availability, crew availability, technical status, airport operating restrictions, traffic rights, permits, weather, air traffic control instructions, security restrictions, fuel availability, handling availability, and all applicable laws and regulations.

12.2 Changes by the Operating Carrier. The Operating Carrier may delay, reschedule, or divert a flight, substitute an aircraft, or cancel a flight where reasonably necessary for operational, safety, regulatory, or commercial reasons. The consequences for the Charterer of a cancellation, substitution, or delay are governed by Section 11.6 and, where the cause is Force Majeure, by Section 19 and Section 11.7. Any other consequence of such a change is governed by the Operator Terms and the Booking Confirmation.

12.3 Substitute aircraft and different carrier. A substitute aircraft may be used as provided in the Booking Confirmation and the Operator Terms. If a different air carrier than the one named in the Booking Confirmation will operate a Mission, Colibrì Jets will inform the Charterer promptly, and will apply the checks described in Section 15 to that carrier.

12.4 Aircraft commander. The aircraft commander has final authority over the safe and secure operation of the flight, including decisions relating to departure, route, continuation, diversion, baggage restrictions, carriage restrictions, weather avoidance, passenger conduct, refuelling, payload, and any matter affecting safety, security, or legality. A decision of the aircraft commander does not by itself make an event Force Majeure; Section 19 decides whether it is. No such decision shall give rise to liability on the part of Colibrì Jets except to the extent directly caused by Colibrì Jets' own breach of an obligation expressly assumed by it.

13. Passenger Conduct, Baggage, Pets, Smoking, and Dangerous Goods

Passengers shall comply with all instructions of the crew, the Operating Carrier, FBO personnel, handlers, security staff, customs personnel, and relevant authorities. The Operating Carrier may refuse carriage of any person, baggage item, pet, or article that may endanger the aircraft, any person or property, or the lawful and orderly conduct of the flight, or where carriage would be unlawful or operationally unsuitable.

Smoking, vaping, the carriage of pets, the carriage of firearms, weapons, hazardous materials, dangerous goods, oversized baggage, or restricted items shall be prohibited unless expressly approved in advance in writing by the Operating Carrier and any other authority or supplier whose approval is required. The Charterer shall be responsible for any loss, damage, cleaning, repair, delay, fine, detention, or additional cost arising from any Passenger's conduct, baggage, pet, or prohibited item.

14. Compliance, KYC, AML, and Sanctions

The Charterer represents and warrants that neither it, nor to its knowledge any Passenger or beneficial owner connected with the booking, is the subject of sanctions, trade restrictions, anti-money laundering concerns, anti-bribery concerns, or other compliance restrictions that would make the booking or the performance of the flight unlawful or impermissible. Colibrì Jets and the Operating Carrier may conduct identity verification, sanctions screening, source-of-funds inquiries, know-your-customer reviews, and other compliance checks, and may request documents and information for those purposes.

Colibrì Jets may refuse, suspend, or terminate any booking, with immediate effect and without liability, if it reasonably believes that performance would breach applicable law, sanctions, AML requirements, anti-corruption rules, internal compliance policies, reputational-risk policies, or any lawful direction of a competent authority. In such circumstances, any refund shall be a matter between the Charterer and the Operating Carrier, subject to applicable law, the stage of performance reached, and any non-refundable or irrecoverable amounts already incurred.

15. Insurance and Operator Checks

15.1 Checks before each Mission. Before confirming a Mission, Colibrì Jets will take reasonable steps to check that the Operating Carrier (a) holds a valid air operator certificate covering the Mission, and (b) has provided a current insurance certificate for the aircraft to be used, showing aviation liability cover at the levels required by applicable law and customary for the operation. Where an independent safety rating of the Operating Carrier is available, Colibrì Jets will take it into account. If Colibrì Jets cannot complete these checks, it will tell the Charterer promptly.

15.2 No guarantee. These checks rely on documents provided by the Operating Carrier and on information available to Colibrì Jets at the time. Colibrì Jets does not guarantee the Operating Carrier's safety, financial standing, or continued compliance. The Operating Carrier remains solely responsible for the safe operation of the Mission.

15.3 Evidence of insurance. Upon reasonable request and subject to operator cooperation, Colibrì Jets will seek to obtain evidence of the insurance or confirmation of the relevant coverage for the Charterer.

15.4 Additional insured. Any request for the Charterer and/or Colibrì Jets to be named as an additional insured, waiver beneficiary, or otherwise specially protected party shall be subject to availability, insurer consent, operator consent, additional premium if any, and timing feasibility. Colibrì Jets does not warrant that any such status can or will be obtained unless expressly confirmed in writing.

16. Ancillary Services and Third-Party Suppliers

Where Colibrì Jets arranges, coordinates, or introduces any Ancillary Service — including catering or bespoke food and beverage requests, ground transport, chauffeur services, hotel accommodation, helicopter transfers, yacht charter, concierge support, or similar services — it acts only as arranging intermediary. Each Ancillary Service is always separately identified and separately priced as its own line item, whether shown on the same invoice as the Charter Price or on a separate invoice, and is never folded into the Charter Price as a single undifferentiated amount.

Such services are provided by independent third-party suppliers under their own operational conditions, availability constraints, and cancellation rules, and are contracted for and paid for by the Charterer directly to that supplier, save that Colibrì Jets may arrange for the cost of any Ancillary Service — whether a supplier the Operating Carrier or FBO customarily uses, or a supplier specifically sourced or introduced by Colibrì Jets at the Charterer's request — to be included as a line item on the Operating Carrier's own invoice to the Charterer, where the Operating Carrier agrees to do so. In either case, Colibrì Jets does not at any point collect, hold, or process payment for any Ancillary Service; the Operating Carrier or the relevant supplier remains the sole payee.

Colibrì Jets shall not be liable for the acts, omissions, defaults, delays, insolvency, service failures, or quality issues of Ancillary Service providers, except to the extent directly caused by Colibrì Jets' own gross negligence or wilful misconduct in the arrangement of such services.

17. Liability and Exclusion of Loss

To the fullest extent permitted by applicable law, where Colibrì Jets acts solely as broker or agent, Colibrì Jets shall not be liable for the acts, omissions, delays, cancellations, diversions, substitutions, overflight issues, permit issues, baggage loss, passenger injury, property damage, or other performance issues attributable to the Operating Carrier, the aircraft commander, airport authorities, handlers, caterers, ground carriers, customs authorities, immigration authorities, or other third parties involved in or affecting the Mission.

To the fullest extent permitted by applicable law, Colibrì Jets shall not be liable for any indirect, incidental, special, punitive, or consequential loss, nor for any loss of profit, loss of opportunity, loss of business, loss of goodwill, reputational damage, or wasted expenditure, whether arising in contract, tort, misrepresentation, restitution, or otherwise.

Any liability of Colibrì Jets arising directly out of a booking shall, to the fullest extent permitted by law, be limited in the aggregate to the amount of the brokerage fee actually received by Colibrì Jets from the Operating Carrier in respect of the relevant booking giving rise to the claim. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence.

18. Indemnity

18.1 Indemnity. The Charterer shall indemnify and hold harmless Colibrì Jets, and any successor to its business, from and against claims, liabilities, losses, costs, fines, penalties, damages, and expenses, including reasonable legal fees, to the extent arising out of:
(a) any breach by the Charterer or any Passenger of these Terms, the Booking Confirmation, the Operator Terms, or applicable law;
(b) any inaccurate, incomplete, or late information or documents provided by the Charterer or any Passenger;
(c) any other Charterer Conduct;
(d) any prohibited item, pet, baggage, customs, immigration, or document issue attributable to the Charterer or any Passenger; or
(e) any damage caused to aircraft interiors, fixtures, equipment, crew, or third-party property by the Charterer or any Passenger.

18.2 Limits. Section 18.1 applies only to the extent the loss was caused by the conduct described in it. It does not apply to the extent the loss was caused by the intent, deliberate recklessness, or gross negligence of Colibrì Jets, or by Colibrì Jets' breach of its own obligations under these Terms.

18.3 Procedure. Colibrì Jets will notify the Charterer promptly of any claim for which it seeks indemnity under this Section 18 and will take reasonable steps to limit the loss.

18.4 Consumers. Where the Charterer is a Consumer, Section 18.1 applies only to the extent permitted by mandatory law (see Section 23).

19. Force Majeure

19.1 Meaning. "Force Majeure" means an event or circumstance beyond the reasonable control of the party relying on it, which that party could not reasonably have avoided or overcome by reasonable care, and which prevents, delays, or makes unsafe or unlawful the performance of a Mission. Examples are adverse weather conditions, natural disaster, epidemic or pandemic and related government measures, war, terrorism, civil unrest or riot, governmental or regulatory restriction, sanctions, closure of an airport, runway or airspace, air traffic control restrictions or disruption, strikes or other labour disruption outside the control of the party relying on it, fuel shortage at the relevant airport, cyber incidents affecting airport or air traffic systems, and security events.

19.2 What is not Force Majeure. Unless caused by an event described in Section 19.1, the following are not Force Majeure: (a) a technical defect, maintenance requirement, or unserviceability of the Operating Carrier's aircraft; (b) the unavailability of the Operating Carrier's crew, including crew duty-time limits; (c) the unavailability of an aircraft for commercial reasons, including double booking; and (d) Charterer Conduct.

19.3 Effect. Where Force Majeure prevents, delays, or makes unsafe or unlawful the performance of a Mission:
(a) Colibrì Jets is not liable for the resulting delay, cancellation, or non-performance, to the extent it was caused by the Force Majeure. The Operating Carrier's liability is governed by the Operator Terms;
(b) Colibrì Jets will inform the Charterer promptly of any Force Majeure it learns of and will use reasonable efforts to help find an alternative. Any alternative flight is a new booking on new terms, unless the Operating Carrier agrees otherwise in writing;
(c) any refund of amounts paid for flights not performed is governed by Section 11.7; and
(d) the Operating Carrier may suspend or cancel the affected flight(s) to the extent Force Majeure makes performance unsafe or unlawful.

19.4 Mandatory law. Nothing in this Section 19 limits rights that cannot lawfully be limited (see Section 23).

20. Confidentiality, Privacy, and Data Sharing

The parties shall keep confidential all non-public commercial information obtained in connection with a booking, except where disclosure is reasonably required for performance of the booking, compliance, insurance, safety, accounting, financing, regulatory purposes, dispute resolution, or as otherwise required by law. Colibrì Jets shall not use the Charterer name, passenger identity, itinerary, or Mission details in public marketing materials without prior written consent, save that Colibrì Jets may retain and process such information for internal records, compliance, service improvement, and lawful business administration.

The Charterer acknowledges and agrees that personal data may be collected, used, processed, stored, screened, and transferred by Colibrì Jets and relevant third parties, including Operating Carriers, FBOs, handlers, caterers, transport providers, customs authorities, immigration authorities, sanctions-screening providers, and other service providers, to the extent reasonably necessary for arranging, administering, operating, securing, and complying with the booking and applicable law. Full details of the legal bases for this processing, retention periods, categories of recipients, international transfers, and data subject rights (including the rights of access, rectification, erasure, and complaint to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens)) are set out in Colibrì Jets' Privacy Policy, available at https://www.colibrijets.com/privacy-policy, which forms part of these Terms.

21. Notices and Communications

21.1 Form. Any notice, request, approval, cancellation, amendment, manifest submission, or other communication under these Terms or a Booking Confirmation must be in writing and may be sent by email or other written electronic communication to the contact details stated in the Booking Confirmation or last notified by the receiving party. Notices to Colibrì Jets must be sent to the email address stated in the Booking Confirmation or, if none is stated, to info@colibrijets.com.

21.2 When effective. A notice takes effect when it is delivered to the recipient's email address or other electronic address, as shown by the time of delivery, unless the sender receives an automated message that it was not delivered. A cancellation notice from the Charterer takes effect as set out in Section 11.1, which prevails.

21.3 Responsibility. The Charterer is responsible for ensuring that Colibrì Jets has up-to-date contact information and for monitoring the relevant inboxes, including spam folders, used in connection with the booking.

21.4 Cancellations by telephone or messaging app. A cancellation by the Charterer must be sent by email. A telephone call, voice message, text message, or message on a messaging app is not a notice of cancellation. If the Charterer informs Colibrì Jets of a cancellation by any of those means, the cancellation takes effect only when the Charterer confirms it by email, and the time of that email is the time of cancellation. Colibrì Jets will ask for the email confirmation promptly and will forward it to the Operating Carrier without undue delay.

22. Right of Withdrawal

Where the Charterer is a Consumer contracting at a distance or off-premises, the statutory 14-day right of withdrawal under Dutch and EU distance-selling law does not apply to the booking of the flight itself. Contracts for passenger transport services are excluded from the scope of this right under Article 6:230h(5) of the Dutch Civil Code, which provides that only Articles 6:230i(1), 6:230j, 6:230k(1), and 6:230v(2) and (3) apply to such contracts (implementing Article 3(3)(k) of Directive 2011/83/EU).

23. Consumer and Mandatory Law Protections

Where the Charterer is a Consumer or where mandatory local consumer-protection law applies, nothing in these Terms shall exclude, restrict, or override any rights that cannot lawfully be excluded or limited. To the extent required by mandatory law, any provision of these Terms shall be read down or adjusted only to the minimum extent necessary to make it valid and enforceable while preserving the commercial intent as far as possible.

24. Governing Law and Jurisdiction

These Terms, each Booking Confirmation, and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Netherlands. The courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, any Booking Confirmation, or the services provided by Colibrì Jets, except where mandatory law requires otherwise, including any mandatory rules that entitle a Consumer to bring proceedings in their own place of residence.

25. Complaints and Mediation

25.1 Complaints. A Charterer with a complaint should send it by email to info@colibrijets.com as soon as possible, giving the booking details. Colibrì Jets will acknowledge the complaint promptly and aims to respond within 14 days.

25.2 Mediation. If a complaint cannot be resolved, the parties will first try in good faith to settle the dispute by mediation with a mediator agreed between them before starting court proceedings, unless urgent relief is needed or a limitation period would otherwise expire. The costs of the mediator are shared equally unless the parties agree otherwise. Mediation is optional for a Consumer, who may go to court at any time (see Section 24).

26. General Provisions

26.1 Version of these Terms. The version of these Terms that applies to a booking is the version published on the website of Colibrì Jets, and dated at the foot of the page, when the Charterer accepts the Booking Confirmation. Colibrì Jets will send that version, as a dated PDF, with each Booking Confirmation. A later version does not change a booking already accepted unless the Charterer agrees in writing.

26.2 Entire agreement. These Terms, the Booking Confirmation and the documents it expressly incorporates are the entire agreement between Colibrì Jets and the Charterer for the booking, and replace earlier quotations, discussions and understandings, subject to Section 3.

26.3 Severability. If any provision of these Terms is or becomes invalid or unenforceable, the other provisions remain in force, and the invalid provision is replaced by a valid one that comes as close as possible to its purpose (see Section 23).

26.4 Assignment. Colibrì Jets may transfer its rights and obligations under a booking to a successor to its business, including if the business changes its legal form, on notice to the Charterer, to the extent permitted by mandatory law. The Charterer may not transfer its rights or obligations without the written consent of Colibrì Jets.

26.5 Language. These Terms and the Booking Confirmation are in English.

26.6 No waiver. A failure or delay in exercising a right is not a waiver of that right.

Contact us
Colibrì Jets
Eikenstraat 48, 1326 AK Almere, The Netherlands
KVK: 42129489
info@colibrijets.com

Last updated: 7 October 2026