Legal Information and Compliance - Ebel Muller Travel Club

Legal Notice

EBEL MULLER LUXURY TRAVEL CLUB SL

 

 

Registered office

Carrer de la Galera 9, 

07002, Palma de Mallorca, 

Baleares, 

 

Contact details

ebelmullerluxury@gmail.com 

 

Business ID no.

CIF B57699977

Regulatory authority

IATA 96063170

 

 

1: Law and Jurisdiction

This Agreement, and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Spain, including applicable European Union aviation regulations and, where relevant, mandatory provisions of the State of Operator.

The performance and execution of air transport services are subject to applicable aviation safety, operational, and licensing regulations of the competent aviation authorities, including the Spanish Aviation Safety and Security Agency (AESA) and any other relevant national or international regulatory authority governing the operation of the aircraft and air carrier.

Any dispute, claim, or matter arising out of or in connection with this Agreement, including its formation, validity, interpretation, performance, or termination, shall be subject to the exclusive jurisdiction of the Courts of Spain.

Where mandatory consumer protection laws of the client’s country of habitual residence provide otherwise, such rights shall not be excluded or limited by this clause. In such cases, the client may also benefit from the protection of the courts of their country of residence to the extent required by applicable law.

Nothing in this clause shall restrict compliance with mandatory aviation regulations applicable to the operator, aircraft, or flight operations in any jurisdiction in which services are performed.

2: Law and Jurisdiction (For UK Booking Clients)

This Agreement, and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales, except where mandatory provisions of Spanish law apply due to the location of performance or operation of services.

The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute, claim, or matter arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination.

Where the client is habitually resident in Scotland or Northern Ireland, statutory rights of jurisdiction under applicable local law shall not be affected. In such cases, proceedings may also be brought in the courts of Scotland or Northern Ireland, as applicable.

Nothing in this clause shall limit any rights which the client may have under mandatory consumer protection laws of the country in which they are habitually resident.

 

For UK Bookings Only

Ebel Muller Executive Aviation / Ebel Muller Luxury Travel acts primarily as an air charter broker and/or facilitator of air transport and related travel services. Where applicable, it arranges services provided by independent third-party air carriers and other service providers, including aircraft operators holding valid Air Operator Certificates (AOC) issued by the relevant competent aviation authorities.

The air transport services are operated solely by the contracted Operator, who is responsible for the operation of the aircraft, including flight safety, crew, maintenance, and compliance with all applicable aviation laws and regulations. Ebel Muller Executive Aviation / Ebel Muller Luxury Travel does not exercise operational control over aircraft or flight operations. Where services arranged by Ebel Muller Executive Aviation / Ebel Muller Luxury Travel include a combination of travel services such as air transport, accommodation, ground transportation, or other tourist services, the legal classification of such arrangements shall be determined in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (as amended). Where applicable, such arrangements may constitute a package travel arrangement or linked travel arrangement, and the relevant statutory rights and protections shall apply.

In circumstances where Ebel Muller Executive Aviation / Ebel Muller Luxury Travel acts as a “package organiser” or “retailer” under the Regulations, it shall comply with all applicable obligations including, where required, insolvency protection, pre-contractual information requirements, and performance responsibility obligations.

Where Ebel Muller Executive Aviation / Ebel Muller Luxury Travel acts solely as an intermediary arranging standalone air transport services, the contract for carriage is formed directly between the client and the Operator, and the Operator shall be solely responsible for performance of the flight.

All third-party ancillary services, including but not limited to accommodation, ground transport, and concierge services, are supplied by independent providers under their own terms and conditions.

Nothing in this clause is intended to exclude or limit any rights or protections afforded to clients under applicable law, including the Package Travel and Linked Travel Arrangements Regulations 2018 or other mandatory consumer protection legislation. 

 

2. Conditions of Suppliers

 

Many of the services which make up your holiday are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

 

3. Advance Passenger Information

 

A number of Governments are introducing new requirements for our suppliers to provide personal information about all travellers to the Authorities prior to travellers arriving at the destination. The data will be collected either at the time of or after a booking is made. Where we collect this data, we will treat it in accordance with our Privacy Policy .

       

4. Executive Air Travel & Charter  

Where a charter is sold in Spain then the rules and regulations will be covered under Spanish law and                                                                Agencia Estatal de Seguridad Aérea (AESA) or Spanish Aviation Safety and Security Agency. When a charter is sold in the United kingdom then all aviation rules follow the CAA and affiliated aerospace/aviation governing bodies. 

''A CHARTER'' is defined under two categories 

1:

A Private Charter is an arrangement whereby a client, or a group of clients, exclusively charters an aircraft for their own use under a commercial air charter agreement arranged by Ebel Muller Executive Aviation / Ebel Muller Luxury Travel. Such charters are operated by, or arranged through, appropriately licensed and authorised air carriers, charter operators, and brokers, including operators and brokers that may be members of the European Business Aviation Association (EBAA), National Business Aviation Association (NBAA), Air Charter Association (ACA), or hold recognised ARGUS ratings.

Private charter services are provided as standalone air transport services and are governed by the applicable aviation laws, regulations, and licensing requirements of the State of Operator and any other competent aviation authority. These services are not intended to constitute a package holiday or package travel arrangement unless expressly stated otherwise in writing.

Where accommodation, ground transportation, concierge services, or other travel-related components are arranged in connection with a private charter, such services are ordinarily contracted and supplied as separate and independent travel services. Unless expressly stated otherwise, these services do not form part of a single package travel arrangement and are subject to the respective terms, conditions, liabilities, and financial protection arrangements of the individual service providers.

Insurance protection may be arranged through insurance facilities associated with Banco Sabadell or other approved financial and insurance partners, subject at all times to the terms, conditions, coverage limits, exclusions, and underwriting requirements of the applicable insurance policy.

Nothing in this statement shall limit or exclude any rights afforded to clients under applicable law.

2: 

Emergency Charter Services (Medical Repatriation and Medical Evacuation)

Emergency Charter Services, including Medical Repatriation and Medical Evacuation ("Medevac") flights, may be arranged for clients requiring urgent medical transportation to their home country, a specialist treatment centre, or the nearest medically appropriate facility, subject to medical advice, aircraft availability, operational limitations, and regulatory approvals.

In many cases, the cost of a Medical Repatriation or Evacuation flight may be recoverable under the client's own travel, medical, or private health insurance policy, subject to the terms, conditions, limitations, and approval requirements of the relevant insurer. Where applicable, additional financial protection or emergency assistance arrangements may be available through protection facilities associated with services arranged by Ebel Muller Executive Aviation / Ebel Muller Luxury Travel.

The scope of any transportation arrangement will depend upon the medical condition of the patient, aircraft type, operational requirements, and the advice of the attending medical professionals. Where operationally feasible and medically appropriate, accompanying immediate family members may be transported. However, due to aircraft limitations, medical equipment requirements, weight restrictions, or clinical considerations, transportation may be limited solely to the patient.

Ebel Muller Executive Aviation / Ebel Muller Luxury Travel does not act as an insurance provider, insurance intermediary, or insurance broker and does not provide insurance advice, recommendations, or regulated insurance services. Any reference to insurance coverage is provided for general information purposes only and should not be relied upon as a statement of coverage or entitlement.

Clients are responsible for reviewing the terms of their own insurance arrangements and obtaining independent advice where appropriate. Information regarding any protection arrangements associated with services booked through Ebel Muller Executive Aviation / Ebel Muller Luxury Travel may be obtained by contacting us at ebelmullerluxury@gmail.com.

Nothing in this statement shall limit or exclude any rights afforded to clients under applicable law.

Broker vs Operator Relationship (Charter Services)

Ebel Muller Executive Aviation / Ebel Muller Luxury Travel acts solely in the capacity of an air charter broker and/or facilitator of air transport services and does not itself operate aircraft, conduct flights, or hold an Air Operator Certificate (AOC), unless expressly stated otherwise in writing.

All air transport services are performed by independent third-party air carriers and aircraft operators (the “Operator”), each of which holds the necessary operating licences, approvals, and certifications issued by the competent aviation authorities, including but not limited to the State of Operator and any applicable European or international aviation regulatory bodies.

The contractual relationship for the provision of air transport is formed directly between the client and the Operator, unless otherwise expressly agreed in writing. The Operator shall be solely responsible for the safe operation of the aircraft, crew provision, maintenance, operational control, insurance of the aircraft, and compliance with all applicable aviation laws and regulations.

Ebel Muller Executive Aviation / Ebel Muller Luxury Travel shall have no operational control over the aircraft or flight operations and shall not be responsible for the conduct, performance, or regulatory compliance of the Operator, except to the extent required under applicable law for its role as intermediary or broker.

Any ancillary services arranged by Ebel Muller Executive Aviation / Ebel Muller Luxury Travel, including but not limited to ground transportation, accommodation, concierge services, or other travel-related services, are provided by independent third-party suppliers and are subject to their respective terms and conditions.

Nothing in this clause shall exclude or limit liability for fraud, wilful misconduct, or any other liability which cannot be excluded or limited under applicable law.

 

 

 

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