General Terms & Conditions
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 entity identified in the applicable Booking Confirmation, quotation, invoice, or other commercial communication as the broker or agent arranging charter flight services.
"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 responsible for operating the flight and providing air carriage.
"Booking Confirmation" means the document issued or countersigned in connection with a specific charter booking, setting out the key commercial terms of that booking.
"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 Colibrì Jets' 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 Colibrì Jets' commission is settled between Colibrì Jets and the Operating Carrier as set out in Section 5.
"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.
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. 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-specific terms expressly incorporated into the Booking Confirmation; (c) these Terms; and (d) any other supporting commercial document issued by Colibrì Jets.
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.
A booking shall be treated as confirmed only when the Booking Confirmation has been accepted in writing by or on behalf of the Charterer, the required payments have been made to the Operating Carrier in accordance with the Booking Confirmation, and the relevant Operator has accepted and reconfirmed the mission. 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.
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. Colibrì Jets' 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 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, mission 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 such action as it sees fit under its own terms, including release of the aircraft, cancellation, denial of boarding, or pursuit of the debt directly against the Charterer. 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.
If an Operating Carrier fails to pay Colibrì Jets' brokerage fee when due, Colibrì Jets may pursue collection directly against that Operating Carrier and may decline to arrange further bookings with that Operating Carrier pending payment.
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, pet details, and relevant medical or mobility information where operationally necessary. 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
Any cancellation by the Charterer must be notified in writing and shall take effect only when received by Colibrì Jets or, where applicable, the relevant Operating Carrier. Unless otherwise stated in the Booking Confirmation or applicable operator-specific terms, the following default cancellation charges shall apply to the Charter Price: more than 7 days before scheduled departure, 25%; 7 days to 72 hours before scheduled departure, 50%; 72 hours to 24 hours before scheduled departure, 75%; and less than 24 hours before scheduled departure, or no-show, 100%.
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. All such amounts, and any refund of the Charter Price, are payable by or refundable from the Operating Carrier directly, subject to the applicable operator terms and the Booking Confirmation. Colibrì Jets shall not be responsible for collecting, holding, or refunding any monies paid by the Charterer to the Operating Carrier.
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.
Refunds relating to Ancillary Services shall be limited to amounts actually recovered from the relevant third-party provider and may be subject to administrative deductions, non-refundable deposits, supplier cancellation terms, and bank charges.
Where the Operating Carrier cancels the flight for reasons other than Force Majeure (Section 19) or Charterer conduct, the Operating Carrier shall first use reasonable efforts to offer the Charterer a substitute aircraft for the Mission. Where the substitute aircraft offered is of an equivalent or higher category, the Mission shall proceed on the substitute aircraft at no additional cost to the Charterer. Where the Charterer, at their own option, wishes to proceed with a substitute aircraft of a higher category than that offered at no cost, the Charterer may elect to do so upon payment of the price difference. Where the substitute aircraft offered is of a lower category, the Mission may proceed on the substitute aircraft at the Charterer's option, in which case the Charterer shall receive a refund of the price difference between the original and substitute aircraft.
Where no substitute aircraft is offered or available, or where the Charterer does not wish to proceed with the substitute aircraft offered, the Charterer shall be entitled to a full refund from the Operating Carrier of all amounts paid for the cancelled flight, without prejudice to any further remedies available under mandatory law. For the avoidance of doubt, the decision whether to accept any substitute aircraft offered, or to proceed with the Mission at all following such a cancellation, rests solely with the Charterer.
12. Operator Rights, Aircraft Substitution, and Operational Control
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. The Operating Carrier may delay, reschedule, divert, cancel, or substitute a comparable aircraft where reasonably necessary or appropriate for operational, safety, regulatory, or commercial reasons.
The aircraft commander shall have absolute discretion in relation to the safe operation of the flight, including decisions relating to departure, route, continuation, diversion, baggage restrictions, carriage restrictions, weather avoidance, passenger conduct, refueling, payload, and any matter affecting the safety, security, legality, or proper operation of the mission. 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
Colibrì Jets shall use reasonable commercial efforts to source flights from Operating Carriers that maintain aviation insurance at levels required by applicable law and customary for the relevant operation. Upon reasonable request and subject to operator cooperation, Colibrì Jets may seek to obtain evidence of such insurance or confirmation of relevant coverage.
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
The Charterer shall indemnify and hold harmless Colibrì Jets, its affiliates, directors, officers, employees, contractors, and agents from and against all claims, liabilities, losses, costs, fines, penalties, damages, and expenses, including reasonable legal fees, arising out of or in connection with: (a) any breach by the Charterer or any Passenger of these Terms, the Booking Confirmation, operator rules, or applicable law; (b) any inaccurate, incomplete, or late information provided by the Charterer or any Passenger; (c) any act or omission of the Charterer or any Passenger; (d) any prohibited item, pets issue, baggage issue, customs issue, immigration issue, 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. This Section 18 does not apply to the extent it would improperly limit statutory Consumer rights under Section 23.
19. Force Majeure
Neither Colibrì Jets nor, insofar as incorporated by reference or reflected in operator terms, the Operating Carrier shall be liable for any delay, cancellation, non-performance, curtailment, diversion, or additional cost arising out of events beyond reasonable control, including adverse weather, natural disaster, epidemic, pandemic, war, terrorism, civil unrest, riot, governmental restriction, sanctions event, airport closure, runway closure, fuel shortage, labor disruption, ATC disruption, cyber incident, security event, technical issue not caused by wilful misconduct, or any other force majeure event.
In such circumstances, Colibrì Jets may pass through unrecoverable costs and may revise or terminate the booking where necessary, subject to applicable law and any amounts actually recoverable from the Operating Carrier or other suppliers.
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
Any notice, request, approval, cancellation, amendment, manifest submission, or other communication under these Terms or a Booking Confirmation shall be valid if sent by email or other written electronic communication to the relevant contact details last notified by the receiving party. The Charterer is responsible for ensuring that Colibrì Jets has up-to-date contact information and for monitoring the relevant inboxes used in connection with the booking.
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.
Contact us
Colibrì Jets
Eikenstraat 48, 1326 AK Almere, The Netherlands
KVK: 42129489
info@colibrijets.com
Last updated: 8 August 2026