§ 1 Scope, Parties
(1) These Terms of Service (the “Terms”) govern any contract between OnlineBuilders LLC, a Delaware limited-liability company with its registered office at 131 Continental Dr, Suite 305, Newark, DE 19713, USA (“PrivJet”, “we”, “us”) and you (“Customer”, “you”) regarding the use of the online platform privjet.net and its mobile applications (collectively, the “Platform”).
(2) Conflicting terms by the Customer apply only if expressly accepted by us in writing.
(3) The Platform is available to consumers and business users worldwide.
§ 2 Service, Brokerage Role
(1) PrivJet operates an online brokerage platform for private-jet flights, in particular empty-leg and on-demand charter. PrivJet is not an air carrier, not a tour operator and not the owner or operator of any aircraft.
(2) PrivJet brokers between Customers and EASA- or FAA-certified air operators (AOC holders, “Operators”) acting as independent counterparties that provide the actual transport service.
(3) The transport contract is concluded exclusively between the Customer and the executing Operator. PrivJet is neither a party to that contract nor a vicarious agent of the Operator.
§ 3 Pre-Contract, Booking Flow, Disclosure-Lock
(1) The Customer selects an empty leg or submits a charter request and electronically signs a pre-contract containing flight details, passenger manifest, pricing, cancellation terms and risk disclosures. The HTML5-canvas signature constitutes a binding booking request.
(2) Empty-leg confirmation runs first-come-first-serve to the top five matching Operators. Charter requests run a quote-collection window (depending on time-to-departure: 24 h to 15 min) sent in parallel to up to ten Operators; the Customer then selects the winning quote.
(3) Until the service fee (§ 4) is received, the exact identity of the Operator and the aircraft registration remain undisclosed (“Disclosure-Lock”). After the service fee clears, Operator data, captain information, aircraft registration, insurance certificate and day-of-flight phone are released to the Customer.
(4) The transport contract between Customer and Operator is concluded no later than upon receipt of the remaining payment under § 4(4).
§ 4 Prices, Payment, Service Fee
(1) All prices include applicable taxes where required by law. B2B transactions may be processed under reverse-charge rules where applicable.
(2) The PrivJet service fee is charged in addition to the flight price: the total amount payable by the Customer is the flight price plus the service fee. It amounts to 10% of the flight price for empty leg flights and 5% for charter requests for contracts signed (empty legs) or offers selected (charter requests) on or after November 1, 2026 (00:00 Central European Time); before that date it was 20%. PrivJet may grant a lower fee in individual cases, for example through a promotion code, special terms agreed with the Customer or a rule for certain operators, routes or flights. Reductions are not combined and cannot be paid out in cash; the amount shown in the pre-contract or when the offer is selected is decisive. The fee becomes due immediately after Operator confirmation and is paid by card through our payment service provider Stripe or by bank transfer (see § 6 of our Privacy Policy). PrivJet issues a proper invoice with separately listed taxes where required.
(3) The flight price itself (“Operator share”) is, depending on the Operator’s choice, paid directly to the Operator either (a) by card through the Operator’s own account with our payment service provider Stripe — in this case flight price and service fee may be paid together in a single card payment, and the service fee is passed to PrivJet automatically — or (b) by bank transfer using the bank details shown after the service fee has been paid. PrivJet does not hold the flight price at any time. The applicable model is shown before the Customer pays. Every offer shows flight price, service fee and total separately before the Customer pays.
(4) Full payment must clear at the latest seven (7) calendar days prior to departure. For last-minute bookings (≤ 7 days before departure) payment is due immediately upon Operator confirmation.
(5) Accepted means of payment are credit and debit cards (Visa, Mastercard, American Express) and wallets such as Apple Pay and Google Pay, processed by Stripe, and bank transfer, subject to the methods displayed at checkout.
§ 5 Cancellation, Rebooking, Refunds
(1) Cancellations may be made at any time via the customer profile or by e-mail to [email protected].
(2) Refund matrix (pre-contract § 4.3):
- Customer cancels before service-fee payment: no cancellation fee; the pre-contract becomes void.
- Customer cancels after service-fee payment, more than 21 days prior to departure: 50% of the total price.
- Customer cancels after service-fee payment, 21 days or less prior to departure: 100% of the total price.
- Customer no-show: 100% of the total price (no refund).
- Operator cancels or fails to perform (other than force majeure): 100% refund to the Customer including the PrivJet service fee.
(3) Refunds are processed via the original payment method within 14 days of cancellation confirmation.
(4) In cases of force majeure (weather, airspace closure, regulatory orders, technical defects in the narrow sense) no cancellation fees apply. Payments made are refunded in full; further damages are excluded to the extent permitted by law.
§ 6 Consumer Rights
(1) EU consumers: Pursuant to § 312g(2) No. 9 BGB (German Civil Code), the statutory right of withdrawal for distance-selling contracts does not apply to services in connection with carriage of persons specifying a particular date or period of performance. Mandatory consumer-protection laws of your country of habitual residence remain unaffected.
(2) U.S. consumers: Nothing in these Terms limits rights granted to you under non-waivable U.S. consumer-protection statutes, including the laws of your state of residence.
(3) California residents see the California-specific section of our Privacy Policy for CCPA/CPRA disclosures.
§ 7 Customer Obligations, Passenger Manifest
(1) The Customer shall provide accurate and complete passenger information (the “Pax Manifest”) including first and last name, date of birth and, where applicable, passport number. False data may result in denial of carriage by the Operator.
(2) Pax data are encrypted at rest using AES-256-GCM and automatically purged 90 days after flight completion (see Privacy Policy).
(3) The Customer shall comply with the Operator’s and crew instructions and applicable aviation safety regulations.
§ 8 Liability
(1) PrivJet, as a broker, is liable solely for its own breaches of contract, in particular the proper provision of the Platform and the accurate brokerage of bookings.
(2) Liability for the transport service itself (timeliness, flight safety, catering, delay damages, baggage loss etc.) lies with the executing Operator under the Montreal Convention, EU Regulation 261/2004 (where applicable), and the Operator’s own conditions of carriage.
(3) PrivJet is liable without limitation for intent and gross negligence and for damages resulting from injury to life, body or health. Otherwise PrivJet is liable only for breaches of material contractual obligations and limited to the foreseeable contract-typical damage.
(4) Liability under the German Product Liability Act and any applicable U.S. statutory consumer-protection statutes remains unaffected.
§ 9 Platform Functionality and Availability
(1) PrivJet aims for the highest possible Platform availability but does not warrant uninterrupted access. Maintenance is scheduled in off-peak hours where feasible.
(2) Core Platform features:
- Empty-leg search and filter system with live updates
- Charter request flow with multi-Operator bidding
- Online pre-contract with handwritten e-signature
- Booking management, push notifications, price history and route history
- Customer support via e-mail and AI-powered concierge on web, WhatsApp and Telegram
- Operator portal with slot calendar, B2B API and auto-publishing
- Private-jet tracker with live map and simulated cockpit view built from public ADS-B data (for entertainment and illustration only, not for navigation or flight planning)
(3) The Platform includes Google Maps features and content. On capable devices the cockpit view of the private-jet tracker (including its TV mode) can display Google Maps content (Photorealistic 3D Tiles). Use of Google Maps features and content is subject to the then-current versions of the Google Maps End User Additional Terms of Service and the Google Privacy Policy.
(4) The Platform shows links to third-party offers at the destination (hotels, airport transfers, car rental, activities), marked as advertisements. PrivJet does not sell or arrange these services: any booking is a contract solely between the Customer and the respective provider under that provider’s terms, prices and cancellation rules. PrivJet may receive a commission from the provider; this does not affect the Customer’s contract with PrivJet or the Operator.
§ 9b Fixed-Price Offers
(1) In addition to arranging flights at the operator's price plus a service fee (§ 4), PrivJet may make fixed-price offers. In this case PrivJet books the flight in its own name with an operator and charges the Customer one all-inclusive total price; there is no separate service fee.
(2) The fixed-price order (the document signed by the Customer) governs route, aircraft, price, payment deadline and cancellation terms; §§ 3 to 5 of these Terms apply only where the order refers to them.
(3) Payment is made in full to PrivJet before the flight is booked with the operator.
(4) The flight is operated by the operator named in the flight confirmation.
§ 10 Intellectual Property
(1) All content of the Platform (text, logos, graphics, source code, databases, design tokens) is protected by copyright and, where applicable, trademark law.
(2) The Customer is granted a non-exclusive, non-transferable license to use the Platform for its intended purpose.
§ 11 Privacy
Information on the processing of personal data is provided in our Privacy Policy.
§ 12 Changes to these Terms
(1) PrivJet may amend these Terms to the extent necessary to reflect changes in law, court rulings or new Platform functionalities.
(2) Changes will be communicated to the Customer at least six (6) weeks before they take effect by e-mail. If the Customer does not object within six weeks of receiving the notice, the changes shall be deemed accepted. We will draw attention to this right of objection in the notice itself.
§ 13 Governing Law, Jurisdiction
(1) These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods (CISG) does not apply.
(2) For consumers, mandatory consumer-protection laws of the consumer’s country of habitual residence remain unaffected (Article 6 Rome I Regulation for EU consumers).
(3) Place of performance and exclusive venue for disputes with merchants, legal entities under public law and special funds under public law is, at our option, the State of Delaware (USA).
(4) The European Commission provides an Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Severability
Should individual provisions of these Terms be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall replace any invalid provision with a valid one that comes closest to the economic purpose of the original provision.