Terms and conditions

In these Terms and Conditions, “Avily Lux” shall mean any entity of GEOBUD GROUP OU.

Avily Lux maintains one or more websites or webpages and mobile apps (the “Network”) forming an air charter services brokerage market for the users of air charter services (the “Charterers”). The Network may aggregate quotes for air charter services provided by third-party aircraft operators (the “Operators”).

These Terms and Conditions govern your access to and use of the Network. You, as Charterer, agree to use the Network only in accordance with these Terms and Conditions. You may access and use the Network only in order to make legitimate requests to book, through Avily Lux, services offered by the Operators (the “Requests”).

Avily Lux may at any time amend these Terms and Conditions. Your continued use of the Network will be governed by the Terms and Conditions in force at the time of such use.
Avily Lux is an air charter broker and only acts as an intermediary between the Operators and the Charterers. Avily Lux arranges carriage by air by chartering aircraft from the Operators, acting as agent, in the name and on behalf of the Charterers.

Avily Lux does not itself operate, maintain, own or charter aircraft, is not a contracting, actual, direct or indirect carrier and does not provide air transportation services.

There is no carriage or charter agreement between Avily Lux and the Charterers and/or the passengers. Avily Lux is not itself a party to the carriage or charter agreements between the Operators and the Charterers (represented by Avily Lux) (the “Carriage Agreements”) and shall not bear any obligation or liability in relation thereto (in particular for any injury, damage, death, loss, accident or delay due to any action or omission of the Operators or any other third parties or occurring out of or in connection with the Carriage Agreements and/or the flights (or any related services), whether incurred by the Charterers or by the passengers).

These Terms and Conditions are not a contract for air transportation and no such contract is or will be entered into between you and Avily Lux.

To the extent US regulations 14 CFR Part 295 apply to the services offered by Avily Lux on the Network, Avily Lux hereby informs the Charterers that:

Avily Lux is an air charter broker acting as bona fide agent, in the name and on behalf of the Charterers;

Avily Lux is not a direct US air carrier or a direct foreign air carrier in operational control of aircraft;

The air services advertised on the Network shall be provided by properly licensed direct US air carriers or direct foreign air carriers.
The booking of any air charter services (and any related services) through Avily Lux will in any case be in particular subject to, and governed by, an Aircraft Charter Brokerage Contract to be entered into between you and Avily Lux (an “Aircraft Charter Brokerage Contract”).

Nothing in the Network shall in any case be construed as an offer to contract. Similarly, neither a Request nor any proposal sent by Avily Lux further to a Request shall be considered as an offer to contract.

Avily Lux shall be entitled in its sole discretion to refuse to provide its services to any person or entity.
You represent and warrant that you are of sufficient legal age and capacity to enter into legally binding agreements, including these Terms and Conditions, any Aircraft Charter Brokerage Contract and any Carriage Agreement (which may be entered into between you, represented by Avily Lux, and any Operator). You represent and warrant that no restriction applies to you that would prevent you from entering into or performing any such agreements.

Your Requests shall not be speculative, false or fraudulent. You shall not make any Request or enter into any agreement on behalf of a fictitious User, under a false name, with an invalid credit card or by use of any other fraudulent information. Please note that fraudulent Users will be prosecuted and may face civil and criminal liability, depending on applicable law.

You shall not use the Network to submit Requests or enter into any agreement for, in the name and/or on behalf of third parties unless you are legally authorized to do so.

You expressly agree that your use of the Network is at your sole risk and expense.
Your access to all or part of the Network may be suspended by Avily Lux at any time in its sole discretion, with or without notice and with or without reason.
You acknowledge and agree that any and all materials and information contained in the Network, including data, software, photographs, images, videos, graphics, sounds, quotes, written and other materials (the “Materials”) are the property (including intellectual property) of Avily Lux or have been licensed to Avily Lux. You may not use, copy, disseminate or misappropriate any Material without Avily Lux’ prior written consent. However, you are allowed to print and copy portions of the Network, including these Terms and Conditions, for the sole purpose of using the Network as a shopping resource, in accordance with these Terms and Conditions.
Any information of any kind whatsoever which is provided in, or accessible through, the Network is provided or accessible for information only, without any warranty of any kind, either express or implied. In particular, no warranty is made regarding:

the accuracy, topicality, reliability, correctness, completeness or quality of any such information;

the handling and/or acceptance of any Request;

the entry into any Aircraft Charter Brokerage Contract between Avily Lux and any Charterer;

the entry into any Carriage Agreement between any Operator and any Charterer;

the availability of services through the Network; and/or

the fact that the Network will be accessible, functioning and/or error-free.

To the full extent permitted by applicable law, any liability of Avily Lux and of its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assigns for any injury, damage, death, loss, accident or delay arising out of or in connection with:

these Terms and Conditions;

its activities and/or services hereunder;

the Network and any information provided in, or accessible through, the Network;

any use of the Network or any issue in relation thereto;

any handling or non-handling of a Request; and

any services obtained through the Network, is excluded.

In any case, any liability of Avily Lux and of its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assignees for non-material, consequential or indirect damages and for loss of revenues or profits is excluded.
By using the Network, you agree to be liable for, and shall indemnify Avily Lux, its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assignees, and any other person (including any Operator and any owner, lessee or financier of any aircraft) (the “Indemnitees”) against, any direct or indirect damage (including reasonable attorneys’ fees):

which may result out of or in connection with any breach by you of these Terms and Conditions (including any representation or warranty by you herein), any other agreement or any applicable laws, regulations, orders, demands and travel requirements (including immigration and customs regulations); or

relating to your actions or omissions for, in the name and/or on behalf of any third party, including your failure to inform such third parties of, or cause them to comply with, all terms and conditions applicable to services acquired through the Network.
Personal data is processed by Avily Lux in accordance with the Privacy Policy available on the Network.
These Terms and Conditions constitute the entire agreement between you and Avily Lux relating to your use of the Network and supersedes any prior or contemporaneous understandings or agreements (whether oral or written) regarding the subject matter.

No variation of these Terms and Conditions by you shall be effective unless agreed in writing by Avily Lux.

Where the context permits, the use of the singular herein shall include the plural and vice versa, and the use of the neutral or masculine personal pronoun shall include both masculine and feminine genders.

Unless otherwise provided herein, the term “or” is not exclusive and “include”, “including” and “in particular” are not limiting.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Estonia, excluding its conflict of law provisions.

Any dispute, controversy, or claim arising out of, or in connection with, these Terms and Conditions, including their validity, invalidity, breach, or termination, shall be submitted to the exclusive jurisdiction of the Harju County Court in Estonia, to which the parties hereby irrevocably agree to submit. This provision does not prevent Avily Lux from initiating legal proceedings against any Charterer before any other competent court if necessary.

Privacy Policy

GEOBUD GROUP OU has its registered offices at Vesivarava tn 50-201, Kesklinna linnaosa, Tallinn, Estonia. In this Privacy Policy, we use the term Avily Lux (and "we", "us" and "our") to refer to the head office of Avily Lux at the registered address above and its affiliates. Avily Lux is fully dedicated in protecting our clients’ and visitors’ privacy and ensuring its compliance with European and International regulations. Please take a moment to read the following policy (hereby referred to as the "Data Privacy" or "Privacy Policy") which explains how we collect, store, use, disclose, transfer and protect the personal information that you provide to us on Avily Lux’ website (the "Website") and Avily Lux’ mobile application (the "Application") (together the "Platforms"), or when contacting the Avily Lux advisors by telephone, email and other electronic messages, mail or when you interact with us over social media platforms. It also explains how we collect information through the use of cookies and related technologies when you use our Platforms. The Platforms may include links to other websites which are not covered by this Privacy Policy. If you have questions about this Privacy Policy, please contact us at info@avilylux.com

To access certain areas of our Platforms, you will need to register with us. During the registration process you will be asked to submit personal information about yourself. By entering your details in the fields requested, you enable Avily Lux to provide you with the services you select. In addition, we may also collect personal information from you when you correspond with us (for instance, if you contact us with a query about one of our services). Please note that calls to Avily Lux advisors may be recorded for security, training and development purposes. If you choose to interact with Avily Lux via a social media platform or other third party service, we will collect the information you have provided to us through that platform. We also collect certain information automatically about visitors to our Platforms. The Platforms are not intended for children under the age of 16. However, due to the nature of our services, Avily Lux may collect and maintain travel information about children under the age of 16, when necessary, to comply with aviation or security regulations, for safety or security reasons or as otherwise necessary for Avily Lux to arrange transportation or other services requested by clients and their guests. We use the information collected about children known to be under age 16 only to provide services. If we learn that we have collected or received personal information from a child under age 16 without parental or guardian consent, we will delete that information. If a child under 16 years old had provided us with personal information without parental or guardian consent, the parent or guardian may contact us at info@avilylux.com

The different types of information collected about users of the Platforms and Avily Lux clients, include:

information by which our clients and additional passengers travelling with them may be personally identified such as name, address, email address, telephone number, date of birth, and payment information such as bank account information and government-issued identification number (i.e. national identification number, passport number, etc.).

information related to you that individually cannot identify you such as geolocation, medical or health information (to provide you with individual travelling services regarding disability accommodation, food allergies or medical transportation) and information obtained from public records searches (civil and criminal court records, credit history, etc.).

information you provide to us in emails, text messages and other electronic communications in order for us to organize and fulfill specific requests; and/or about your internet connection, the terminal used to access the Platforms and your usage details.

We collect this information directly from you when you provide it to us, automatically as you navigate through our Platforms (i.e. geolocation, usage details, IP addresses and information collected through tracking technologies such as cookies) and from third parties such as public records search services and other business partners.
We will retain your information for as long as necessary to fulfill the purposes for which we collect it (the "Storage"). The Storage period shall not exceed twenty-six (26) months from the time that the information is provided by you or collected by us. The Storage period will reset with each new communication received by Avily Lux from you or made on your behalf. When relevant, the Storage period of your personal information will be extended to meet the requirements of law and for accounting, auditing and other internal administrative and support functions. Applicants to job positions at Avily Lux will be subject to a twelve (12) months Storage period in order for their profile to be retained for future job openings. This Storage period will be renewed for a same period of twelve (12) months in case of explicit acceptance from the applicant.

The information we collect may include the following:

Information that you provide by filling in forms on the Platforms including information provided during Avily Lux.

Records and copies of your correspondence with Avily Lux advisors (mail, email, text messages or other electronic messages).

Responses to surveys that we might ask you to complete for research purposes.

Testimonials shared by you that we may collect through client satisfaction questionnaires to ensure the quality of our services and for marketing purposes.

Records of phone conversations with Avily Lux advisors;

Details of services you request.

Search queries on the Platforms.

Information published or displayed by you on Avily Lux social networks accounts or information transmitted to Avily Lux via third parties.

Platforms’ navigation and interaction information concerning your terminal, your browser, browsing actions and patterns such as details of user visits on the Platforms (e.g. traffic data, logs and other communication data, pages viewed and interactive tools used) collected via automatic data collection technologies.

Information about your geographic location (geolocation). We collect geolocation data to find you relevant charter options, to notify you of services available near your location such as determining the closest airport you might depart from, and to tailor your experience with Avily Lux through bespoke services.

Information about your mobile device, computer and Internet connection (IP address, operating system, browser type and device type) in order to provide you with interoperable and up-to-date Platforms and features. We may also use these technologies to collect information about your activities over time and across third-party websites or other online services in order to improve our services.

The information we collect automatically is statistical data and may include personal information and could be maintained or associated with personal information collected in other ways or received from third parties in order to improve the Platforms and to deliver better and more personalized services in order to estimate our audience size and usage patterns, store information about your preferences allowing us to customize the Platforms and services we provide you with, accelerating your searches and recognizing you when you return on the Platforms.

If you apply for a job position at Avily Lux, we will collect personal information such as your name, email address, phone number, address and additional information such as a resume, education, employment history, skills, licenses and certifications. Avily Lux uses the information provided by you to evaluate your qualifications and determine whether we are interested in scheduling an interview.

Technologies we use for automated data collection may include:

Device IDs that are unique device identification associated with a mobile device. One can limit device ID tracking by modifying settings on your mobile device. Nevertheless, limiting device ID tracking may impact features and access to the Application.

Geolocation tracking for devices including a global positioning system (GPS) using satellite data to determine your localization. One can disable geolocation tracking by turning off the location feature in your mobile device settings. Nevertheless, disabling this functionality might alter access to the Application and/or some of its features.

Cookies that are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website or mobile application. They are used to recognise your computer as you move between pages on a website, or when you return to a website or mobile application you have visited previously. Cookies are widely used in order to make platforms work, or to work more efficiently, as well as to provide information to the owners of the platform. You can choose to accept or decline cookies through the tool provided by Avily Lux (the "Cookie Consent Menu") or by modifying your browser settings to decline cookies if you prefer. However, doing so may prevent you from taking full advantage of the Platforms.

Server Logs are log files automatically created and maintained by a server to track activities performed. They cannot be disabled by users.

We will use the information we collect from you to:

Manage and fulfill services and to provide you with after service care.

Provide you with accessibility to the Platforms, maintain the interconnection of your Avily Lux accounts on multiple devices and enable your participation to interactive features.

Provide you with notices about your account, including billing and other purposes.

Deal with your special enquiries and requests.

Send service related communications, including announcements and administrative messages such as order confirmation.

Send you marketing communications (including e-mails) relating to us and other third party partners in accordance with your communications preferences (please see the How to access, edit, delete or transfer your personal information section below for further information about how you can control these updates).

Conduct market research to understand how our Platforms are used so that we can continuously improve our Platforms, our services and other offerings and to optimize operations and allocation resources.

Prevent fraud and other prohibited or illegal activities and as part of our efforts to keep our Platforms secure.

Carry out our obligations and enforce our rights arising from any contract entered into between you and us, including for billing and collection.

Notify you about changes to the Platforms, products and services.

Evaluate applicants applying for job positions at Avily Lux.
The collection, storage, use and transfer of your personal information by Avily Lux is either based on (i) your explicit consent which can be withdrawn at any given moment (for more information consult the section How to access, edit, delete or transfer your personal information hereunder), (ii) the fulfilment of a contract between you and Avily Lux and the respect of our Terms & Conditions, (iii) motivated by the compliance with legal obligations, (iv) justified by our legitimate interests unless those are superseded by your interests or fundamental rights and freedoms or (v) required for the preservation of your vital interests or those of third-parties. You have the right at any time to withdraw your given explicit consent for the collection, storage, use and transfer of personal information.
Information we collect may be transferred to, stored and processed in any country or territory where one or more of our affiliated companies or third-party service providers are located or maintain facilities. While other territories may not have the same standards of data protection as those within your home country, we will continue to protect the personal information we transfer in accordance with this Privacy Policy and will make sure that our service providers have adequate data protection in place.
We want you to feel confident about using our Platforms, and we are committed to protecting the personal information we collect. We limit access to personal information about you to employees who reasonably need access to it, to provide products or services to you or in order to do their jobs. Our employees are obliged by us to respect confidentiality. We have appropriate technical and organizational physical, electronic, and procedural safeguards to protect the personal information that you provide to us against unauthorized or unlawful processing and against accidental loss, damage or destruction. The transmission of information via the Internet is not completely secure and, though we do our best to protect your personal information, we cannot guarantee the absolute security of your personal information transmitted to the Platforms. In the occurrence of any breach likely to result in a risk to your rights we will inform you without undue delay. The security and safety of your information also depends on you. When you have chosen a password for accessing the Platforms, you are responsible for keeping it confidential. Please do not share this password with anyone.
We do not rent or sell your personal information with other people or non-affiliated companies. We share personal information about you with other people or non-affiliated companies under the following circumstances:

To third party providers who provide services on our behalf such as companies and individuals (i) performing or facilitating Avily Lux’ services (i.e. aircraft operators, catering providers, services contracted on your behalf through our advisors, etc.), (ii) processing payments, (iii) collecting, storing and retrieving your personal information, (iv) performing public records searches (i.e. civil and criminal court records, credit history, etc.), (v) performing services related to the Platforms (i.e. hosting services, maintenance services, database management, analytics and features’ improvement, etc.).

To specific individuals you have provided us with personal information details such as name and e-mail address through our referral system and for the purpose of sending them one-time e-mail invitations or download links to the Application.

We may disclose your personal information to any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.

We may disclose your personal information to any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this Privacy Policy.
Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website or mobile application. They are used to recognise your computer as you move between pages on a website, or when you return to a website or mobile application you have visited previously. Cookies are widely used in order to make platforms work, or to work more efficiently, as well as to provide information to the owners of the platform. We use cookies to enhance the online experience of our visitors (for example, by remembering your language and/or flight destination preferences) and to better understand how our Platforms are used. Cookies may tell us, for example, whether you have visited our Platforms before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests.

There are two broad categories of cookies:

First party cookies, served directly by Avily Lux to your computer or mobile device. They are used only by Avily Lux to recognize your computer or mobile device when it revisits our Platforms.

Third party cookies, which are served by a third party service provider on our Platforms, and can be used by the service provider to recognize your computer or mobile device when it visits other platforms. Third party cookies are most commonly used for platform analytics or advertising purposes and do not have access to your personal information stored with us.
The Platforms serve only the following types of cookies to your computer or mobile device:

Cookies necessary for essential purposes:
These cookies are essential to provide you with services available through this Platform and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like secure login accounts, would not be possible.

Functionality and Performance Cookies:
These cookies serve a variety of purposes related to the presentation, performance and functionality of the Platforms. Their overall purpose, however, is to enhance visitors’ experience and enjoyment of the Platforms.
For example, some of these cookies enable visitors to specify language, destination or other platform preferences.

Analytics Cookies:
These cookies are used to collect information about how visitors use our Platforms.
The information gathered does not identify any individual visitor and is aggregated. It includes the number of visitors to our Platforms, the platforms that referred them to our Platforms and the pages they visited on our Platforms.
We use this information to help run our Platforms more efficiently, to gather broad demographic information and to monitor the level of activity on our Platforms.

Advertising, Content Sharing and Social Network Cookies:
When you visit our Platforms these cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help to evaluate the effectiveness of advertising and promotion. Content sharing and Social Network cookies enable users to share pages and content through third party social networking and other platforms.

We use Google Analytics cookies to collect statistical data on users' activity on our Platforms in order to be able to improve the services provided to users. The information generated by Google cookies about your use of our Platforms (including the IP address) may be transmitted and stored by Google on servers located in the United States. Google may use this information to evaluate how you use our website and to compile website application activity reports for us. Google may transfer this information with third parties if compelled by law or if these third parties are processing data on Google's behalf. Your IP address will not be linked to any other data in Google's possession. For more details on Google's privacy policy, you can visit the Google website.
You have the right to choose whether or not to accept cookies and we have explained how you can exercise this right below. However, please note that if you choose to refuse cookies you may not be able to use the full functionality of our Platforms. You can set your cookie preferences by using our Cookie Consent Menu or by changing your browser settings so that cookies from the Platforms cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" facility). For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit allaboutcookies.org and youronlinechoices.eu.
We may collect information about your computer or mobile device, including where available your IP address, operating system, log in times and browser type. We use this information to better understand how visitors use our Platforms and for internal reporting purposes. We may anonymize and share this information with advertisers, sponsors or other businesses.
You have the right at any time to ask for access or transfer to and deletion of any personal information that we hold about you in our records, to correct any inaccuracies and to update any out-of-date information. You can also ask us not to send you direct marketing communications (however please note that we may continue to send you service related communications, such as e-mail updates on your order status). You may unsubscribe from e-mail marketing communications at any time by e-mailing the address below, in the section headed "My Profile" (on the Website) or "My Preferences" (on the Application) or clicking on the ‘Unsubscribe’ link in any Avily Lux marketing e-mails.

If you wish to exercise any of these rights, please write to us at the address listed below providing us with sufficient documents establishing your identity. In case we consider the request as being unlawful or abusive, we will inform you of the reasons for not taking action without undue delay and at the latest within one month of receipt of the request. If you believe your rights related to your personal information are being infringed, you have the possibility to lodge a complaint with your national supervisory authority and seek judicial remedy.
From time to time we may update this Privacy Policy. When we do we will publish the changes on the Platforms.