- These terms and conditions of transport shall apply for each transport of passengers, baggage and freight carried out by Quick Air Jet Charter GmbH as air carrier including all associated services, which are carried out for the air fares agreed in connection with these terms and conditions of transport. The terms and conditions of transport shall also apply for transport, free of charge, insofar as nothing else can be derived from these terms and conditions of transport.
- In the event that passengers or baggage are transported based on an agreement reached between Quick Air Jet Charter GmbH and a charter company, then the transport is also subject to these terms and conditions of transport. The charter company, that accepts a transport following a quotation from Quick Air Jet Charter GmbH , will be subject to these terms and conditions of transport and undertakes to inform the passengers named by him for transport about the terms and conditions of transport, in particular of restrictions in liability. He acknowledges the terms and conditions of transport including the restriction in liability upon conclusion of the contract of transport.
- Copies of the terms and conditions are posted in the business premises of Quick Air Jet Charter GmbH and are available for inspection in the aircraft of Quick Air Jet Charter GmbH.
§2 Authoritative law / Warsaw Convention
- Each transport performed by Quick Air Jet Charter GmbH and all other services performed by them shall be subject to the respective applicable laws of the Federal Republic of Germany, in particular, the Aviation Law and the official regulations on air traffic, as well as other regulations and stipulations laid down by the government. The corresponding national and international laws of the country or countries concerned shall apply for cross-border traffic, even insofar as these laws and regulations are more restrictive than those of the Federal Republic of Germany.
- Transport carried out in cross-border traffic in accordance with these terms and conditions of transport is subject to the terms of liability on the transport in international aviation contained in the Warsaw Convention (Hague Protocol) if it concerns a transport, in which the place of departure or destination (no matter whether an interruption of the transport or a change of aircraft takes place or not) is according to the agreements of the parties either in the regions of two of the parts of the Convention entering into the agreement or these cities are indeed located in the region of just one of the contractual parts, however a stopover is planned in one region, which is subject to the sovereignty or the supremacy, the mandated power or the control of another state, even if this state is not a member of the Convention.
§3 Transport agreement
- The offers of Quick Air Jet Charter GmbH are all without commitment. The transport agreement is entered into for a certain route through the offer and confirmation of price.
- When booking a flight or a charter flight the passenger or charter company must state the desired route, flying time, number and names of the passengers, scope of baggage and freight, flight data and possible special requests.
- Insofar as between Quick Air Jet Charter GmbH and the passenger or the charter company no agreements to the contrary are made, the prices contained in the current actual price list of Quick Air Jet Charter GmbH will apply for the transport of passengers, baggage and freight.
- Following the reservation of the passenger or charter company the transport agreement will only be deemed as having been concluded after written order confirmation by Quick Air Jet Charter GmbH. The written order confirmation applies as a plane ticket in accordance with Art. 3 of the Warsaw Convention (collective plane ticket).
- Insofar as the charter company sells seats to third parties, they undertake to inform Quick Air Jet Charter GmbH of this in writing immediately before execution of the flight. Even when notification is given the contract will only be concluded between Quick Air Jet Charter GmbH and the charter company.
- Insofar as nothing else has been agreed between the contractual parties, the air fare includes all costs for the conveyance of the passenger including baggage or freight.
- The contractual parties may also agree to settle the price according to the flying hour price plus landing and check-in fees contained in the current actual price list of Quick Air Jet Charter GmbH according to the times actually flown and the destinations flown to. In this case, the transport agreement is entered into by stipulating the agreed route with reference to the settlement according to the flying hour price. Insofar as nothing else is agreed, flying time in this type of settlement which is agreed shall be the whole time from the point in time, at which the aircraft of Quick Air Jet Charter GmbH rolls to the location at the location Cologne using its own or foreign power, until the point in time at which it comes to a standstill at the end of a flight at the destination airport (block period).
- Quick Air Jet Charter GmbH is to be informed by the passenger and/or charter company of any requested changes to the booked route no less than 72 hours before the planned departure. In this case, the additional costs caused due to the revocation of the original route will be charged to the passenger or charter company. Quick Air Jet Charter GmbH will fix the new price in accordance with the prices applicable for the new route according to the price list. Should there be an essential (more than 10%) reduction in the transport price compared with the original air fare due to the reduction in the route, then Quick Air Jet Charter GmbH is entitled to assert compensation for the missed part. The route subsequently changed by the charter company must remain within the legal and technical stipulations in particular to the stipulations caused by the aircraft used. Insofar as the route desired by the charter company cannot be executed by Quick Air Jet Charter GmbH, then Quick Air Jet Charter GmbH will submit counter proposals. Should the charter company insist on the unenforceable route, then Quick Air Jet Charter GmbH shall be entitled to terminate and to assert compensation. The scope of claims for compensation is determined according to § 10.
- Subject to a provision to the contrary in these provisions the rights of the passenger and/or charter company from the concluded transport agreement may not be assigned to third parties without the consent of Quick Air Jet Charter GmbH.
- Quick Air Jet Charter GmbH is entitled to assign the obligations from concluded transport agreements, in particular the agreed conveyance of passengers, baggage or freight to another air carrier with a fault releasing effect. The other air carrier has to take over the rights and obligations and the full contents from the concluded transport agreement between Quick Air Jet Charter GmbH and the passenger or charter company. In this case, Quick Air Jet Charter GmbH shall only act as mediator for the air services, not however as air carrier itself. The passenger or charter company is to be notified of the assignment of the transport agreement to an air carrier before commencement of the journey immediately after assignment of the transport agreement. A violation of this obligation does not however result in the invalidity of the assignment.
§4 Processing of the transport
- Quick Air Jet Charter GmbH shall make every effort to transport passenger, baggage and freight properly and on time.
- Flight times and transport times given by Quick Air Jet Charter GmbH cannot be guaranteed, but are only agreed as estimated times of flight, arrival and departure. Insofar details given are neither guaranteed by Quick Air Jet Charter GmbH nor do they form fixed times or fixed dates. Postponements and delays cannot be excluded due to the special features of aviation, in particular, the existing over-capacity of air space and airports.
- Quick Air Jet Charter GmbH shall not be responsible for interferences to the service, which impair and/or render impossible the performance of the transport agreement, if these are due to events, upon which Quick Air Jet Charter GmbH has no influence. This shall, in particular, include adverse weather conditions, over-capacities of airspace or airports, natural phenomena, force majeure, strikes, riots, civil unrest, embargos, war, animosities and upsurge. In each case it does not matter whether the occurrence is directly imminent or has already happened, a claim, stipulation, an incident or a predicament can be derived indirectly or directly from the occurrence or indirectly and also whether the occurrence could have been foreseen, expected or forecast and finally whether regulations, claims and stipulations of a government or other power occur or are due to a lack of employees, operating materials, facilities or other difficulties with work of other persons or companies, which are not vicarious agents of Quick Air Jet Charter GmbH . Quick Air Jet Charter GmbH shall not assume liability for this insofar as the passenger or the charter company suffer damages in these cases. Insofar as due to such an occurrence diversions or other additional services, and other changes to the transport services of Quick Air Jet Charter GmbH are necessary, then these are to be charged to the passenger or charter company separately and to be remunerated to Quick Air Jet Charter GmbH.
- In the event that the type of aircraft envisaged in the charter agreement not be available for technical reasons, then Quick Air Jet Charter GmbH is entitled to use another aircraft. Quick Air Jet Charter GmbH will make every effort to use an aircraft which shall as far as possible be similar in regards to equipment and size to the aircraft originally agreed.
- Should it be necessary due to weather or other unforeseeable events to fly to another destination airport than the one agreed Quick Air Jet Charter GmbH shall assume no costs for the further transport of the charter company or the freight for each single flight to the agreed destination. The same shall apply for the return flights to the airport of departure. Quick Air Jet Charter GmbH undertakes to inform the charter company immediately should it be known already before the outward flight to the destination airport that it will be necessary to fly to another airport than the airport requested by the charter company. The charter company may cancel the flight.
§5 Transport restrictions
- Quick Air Jet Charter GmbH is entitled to refuse the transport of each and any passenger, to rescind the transport agreement or to exclude him from further transport at a stopover, if Quick Air Jet Charter GmbH decides according to their best judgement that
a.) the measure is necessary for reasons of security,
b.) the measure is necessary to avoid the violation of any decisive laws, regulations or decrees of a state or country, from which is flown, or flown to or flown over,
c.) the behaviour, the condition, the age or the mental and physical state of the passenger is such that he
1. requires special support from the Quick Air Jet Charter GmbH
2. causes unpleasantness and pesters other passengers
3. represents any dangers for himself or for other persons or their property,
d.) the passenger does not follow the proper instructions of the Quick Air Jet Charter GmbH employees,
- Quick Air Jet Charter GmbH reckons with a maximum of 20kg baggage for each registered passenger. Should the weight of the baggage carried for each passenger be higher, then Quick Air Jet Charter GmbH is to be notified of this in advance in writing. If the volume of baggage is exceeded without prior notification Quick Air Jet Charter GmbH is entitled to refuse to transport the excess baggage owing to a possible risk of overcapacity of the aircraft.
- The charter company is responsible for ensuring that each of its passengers is in the position to undertake the booked flight due to his age or mental or physical condition without damage to his body and spirit. Quick Air Jet Charter GmbH does not undertake to examine the health condition of the passenger. The passenger himself carries the exclusive risk for injuries, illnesses, physical disabilities ensuing from this including death.
§6 Baggage and freight
- The baggage has to be properly packed in cases or similar containers, in order to be able to guarantee a safe transport with the usual due care and attention. Fragile or perishable objects, money, jewels, precious metals, securities, stocks or other valuables, business papers or samples will not be accepted as baggage, for checking in and neither may it be contained in the baggage, which is checked-in. The employees of Quick Air Jet Charter GmbH do not undertake to ask the passengers about the contents when the baggage is checked in, insofar as there is no obvious reason to do so.
- Quick Air Jet Charter GmbH has the right, but not the obligation, in the presence of the passenger, to determine the contents of the baggage or if the baggage is not accompanied to open it and to check at the same time whether the passenger is present or not.
- Hazardous, fragile or unsuitable baggage and freight, i.e. objects, which may pose a hazard to the aircraft, persons or objects, which may suffer damages by air transport, which are not properly packed or their transport is forbidden due to laws, regulations or decrees of a state, from which, in which or over which region the air transport shall take place, may not be carried by the passengers in their baggage. Should, in the opinion of the Quick Air Jet Charter GmbH personnel, the baggage not be considered suitable for transport in the aircraft due to its weight, its size, or its type Quick Air Jet Charter GmbH shall be entitled the refuse the transport or further transport. The following objects will only be carried as baggage with the prior written consent of Quick Air Jet Charter GmbH:
a.) firearms, cutting and stabbing weapons, as well as spraying appliances, which are used for purposes of attack or defence,
b.) ammunition and explosive substances,
d.) objects, which in their outer form or marking give the appearance of being weapons, ammunition or explosive substances.
e.) live animals, including birds and reptiles.
A transport of these objects may only be considered in accordance with the provisions on the transport of these hazardous goods.
- Quick Air Jet Charter GmbH is to be informed of damages to baggage immediately in writing and indeed immediately after they are discovered, however no later than 7 days after receipt of the baggage.
§7 Observance of administrative formalities
- The passenger undertakes to conform to all laws, regulations, decrees, requirements and travel regulations of the countries, which are flown over or flown to or from which are flown from. Furthermore, the passenger has to conform to all rules, regulations and instructions of the Quick Air Jet Charter GmbH personnel.
- Quick Air Jet Charter GmbH shall not be liable insofar as permitted by law for auxiliary services or information, which an agent or an employee of Quick Air Jet Charter GmbH has given to a passenger in procuring the necessary papers or the conformity with the laws to be considered, regulations, decrees, requirements, travel provisions or instructions, no matter whether these have been given verbally, in writing or in any other form. Furthermore, Quick Air Jet Charter GmbH shall not be liable for consequences suffered by a passenger from failure to procure the necessary papers or from the non-observance of the applicable laws, regulations, decrees, requirements, travel provisions or instructions.
- The passenger must present the entry exit papers and other documents which are laid down by the laws, regulations, decrees, requirements or stipulations of the applicable countries. Quick Air Jet Charter GmbH is entitled to refuse the transport of each passenger, who has not complied with the decisive laws, regulations, decrees, requirements or stipulations and whose documents are incomplete. Quick Air Jet Charter GmbH shall not assume liability for the passenger for losses or costs, which may be incurred for the passenger not complying with these provisions. The passenger undertakes to pay the applicable airfare according to the decisive laws and provisions if Quick Air Jet Charter GmbH has to take the passenger to his starting point or another location by order of his government because the passenger is not permitted entry to a country (transit country and country of destination). The passenger shall be liable for all damages incurred, in particular penalties, fines and expenses, which Quick Air Jet Charter GmbH has to pay or deposit, because the passenger does not comply with the laws or regulations applicable to entry and exit, regulations, documents or travel provisions of the country concerned, or did not have the necessary documents available by way of these provisions. The passenger undertakes to reimburse all cash amounts which Quick Air Jet Charter GmbH has to pay or deposit.
- The passenger undertakes upon request to tolerate customs inspections carried out, i.e. to allow the inspection of his baggage and his hand luggage by customs officers or other government officers and to be present at the inspection.
- The passenger shall be liable for those damages incurred by not observing the afore-mentioned provisions.
§8 Insurance cover for passengers and baggage/liability limitation
- Quick Air Jet Charter GmbH shall assume liability for death, physical injury or other damages to health towards the passenger on the basis of the decree (EU) No. 2027/97 of the Council of 9 October 1997 on the liability of airlines in case of accidents and according to the provisions of the Warsaw Convention in the version of the Hague protocol (in the further agreement).
a.) Quick Air Jet Charter GmbH shall assume liability for damages caused by killing, injury or damage to health of a passenger up to an amount of 100,000 special drawing rights (SDR) of the international monetary fund (this corresponds with approx. EUR 127,800.00) This liability shall exist independent of a fault on the part of Quick Air Jet Charter GmbH. Quick Air Jet Charter GmbH shall also assume liability for further damages, unless Quick Air Jet Charter GmbH can prove that Quick Air Jet Charter GmbH itself or its staff took all the necessary measures for preventing the damage or these measures could not have been undertaken. In addition to this, Quick Air Jet Charter GmbH is released from the liability either in whole or in part, if Quick Air Jet Charter GmbH can prove that the damages were caused by or partly caused by the negligence of the injured or killed passenger.
b.) In the case of the injury of a person Quick Air Jet Charter GmbH shall pay an advance payment for satisfying the direct commercial needs, the amount of which depends on the gravity of the case, to the natural person entitled to compensation. This advance payment is in the case of a passenger being killed at least 15,000.00 SDR (this corresponds with approx. EUR 19,170.00). The payment does not include an acknowledgement of guilt and is to be set off against compensation to be paid if necessary. The advance payment is only then to be repaid, if Quick Air Jet Charter GmbH proves that the person entitled to compensation caused the damages at least negligently or caused it in part or had no entitlement to compensation.
c.) Quick Air Jet Charter GmbH undertakes to insure the passengers against accidents. This insurance exists. The scope of the obligatory insurance can be seen from § 50 LuftVG (Aviation Law). Each passenger is thus insured for the event of death or the permanent incapability to work with EUR 20,000.00. For flights to Austria there shall be insurance cover from this insurance to the tune of EUR 40,000.00. There shall no longer be an entitlement to compensation insofar as benefits are paid from the accident insurance,
- Quick Air Jet Charter GmbH shall be liable according to the provisions of the Warsaw Convention for damages to baggage insofar as it concerns an international transport according to Art. 1 Sect. 2 of the convention or in the case of the national provisions according to the provisions of the German Aviation Law (LuftVG).
a.) If the damages to objects in international air transport have been incurred according to the Convention, then the following limitations to liability shall apply:
- for baggage checked in to the amount of 250 gold francs (approx. US$ 20.00) per kilogramme and
- for baggage not checked-in to the amount of 5,000.00 gold francs (approx. US$ 400.00).
The afore-mentioned liability limitations shall not apply, if the passenger proves that the Quick Air Jet Charter GmbH or their personnel caused the damages by gross negligence, wilful intent or in accordance with the Warsaw Convention carelessly or intentionally.
b.) if the damages to objects have been incurred following a national air transport and shall the convention not apply, the following liability limitations shall apply:
- for objects taken on board by the passengers and freight and baggage Quick Air Jet Charter GmbH shall be liable in the amount of EUR 1,700.00 for each passenger. In the case of the loss or the damage of transported goods Quick Air Jet Charter GmbH shall assume liability up to an amount of EUR 34.51 per kilogramme up to a maximum amount of EUR 51,129,19 per airplane/claim.
- The liability of Quick Air Jet Charter GmbH is excluded for damages to baggage not checked in or to baggage, which was handed over to Quick Air Jet Charter GmbH on the ground for safe-keeping, insofar as the damages were not caused by Quick Air Jet Charter GmbH or one of their vicarious agents or assistances due to gross negligence or wilful intent.
- The liability for personal injury and/or damages to objects is in any case limited in amount to the proven damages, insofar as a lower amount of liability can not be derived from the afore-mentioned provisions. Liability for indirect, unforeseeable or consequential damages is also excluded for the case of gross negligence ? insofar as permitted by law insofar these damages were not caused by wilful intent or in the case that the exclusion of a liability for gross negligence is not permitted, caused by Quick Air Jet Charter GmbH through gross negligence. A proven damage is insofar as nothing to the contrary can be derived from these provisions only then to be replaced, insofar as the passenger himself or a person entitled to compensation, can not obtain compensation or corresponding benefits any other way for example from a statutory or private accident or medical insurance or an employment relationship.
§9 Terms of payment
- Invoices from Quick Air Jet Charter GmbH are due and payable net, without deduction, in advance after receipt.
- Quick Air Jet Charter GmbH is entitled to refuse to transport passengers, baggage and freight if the passenger and/or charter company has not paid the agreed transport charges or other surcharges, fees or taxes to be paid by the passenger and/or charter company before commencement of the journey or transport.
- A payment shall only then be deemed as having been paid, if Quick Air Jet Charter GmbH may dispose of the amount to be paid. In the case of cheques or bills of exchange the payment shall be deemed as having been made when the cheque or bill of exchange is cashed.Quick Air Jet Charter GmbH reserves the express right to refuse cheques or bills of exchange. The acceptance is always in payment. Discount and bill charges will be paid by the passenger / charter company and are due and payable immediately.
- Should the passenger / charter company be in default of payment, then Quick Air Jet Charter GmbH shall be entitled to charge interest to the amount of 1% per month beginning at the regarding point of time.
- Quick Air Jet Charter GmbH shall be entitled, despite provisions of the passenger / charter company to the contrary to initially set off payments against their older debts. The passenger / charter company furthermore gives their consent that all payments, which they pay, will as chosen by Quick Air Jet Charter GmbH first be set off against interest and other incidental charges and then against the transport charges.
- Should the passenger / charter company not fulfil their payment obligations, in particularly not cash a cheque or stop his payments or should Quick Air Jet Charter GmbH become aware of other circumstances, which question the creditworthiness of the passenger / charter company, Quick Air Jet Charter GmbH shall be entitled to make the total residual debt as due and payable, even if Quick Air Jet Charter GmbH has accepted cheques of bills of exchange. In this case Quick Air Jet Charter GmbH shall be entitled to demand advance payments or securities and to make the execution of current or future transport services dependent on this.
- The passenger / charter company is only entitled to set off, retention or reduction, even if complaints and counter claims are asserted, if Quick Air Jet Charter GmbH has approved this in writing, or if the counter claims have been determined uncontested or legally valid.
§10 Claims for compensation
- Insofar as Quick Air Jet Charter GmbH is entitled to claim for compensation, due to non-performance of the contract, in particularly according to § 3.7, the cancellation fees will be calculated as follows:
Already occurred costs at the time of cancellation plus:
a.) in the case of termination up to 24 hours before departure 10% of the agreed charter price.
b.) in the case of termination less than 24 hours before the planned departure 50% of the agreed charter price.
c.) in case of termination less than 12 hours before the planned departure 100% of the agreed charter price.
d.) if the aircraft has already taken off 100% of the agreed charter price will be charged without deductions for routes not flown.
In the amount of the cancellation fees it has already been taken into account, that no direct air operation costs are incurred.
The customer and/or passenger are still entitled to prove that no or just less damages have been incurred.
The liability of the air freight carrier for compensation due to non-performance is limited to the single transport price agreed in an individual case for the part of transport not performed, unless Quick Air Jet Charter GmbH is guilty of wilful intent or gross negligence.
In the event that claims towards Quick Air Jet Charter GmbH ensuing from the transport agreement are asserted in court then these claims are to be asserted in court within a preclusive period of two years.
- Insofar as the passenger / charter company is a full merchant, legal entity under public law or special assets under public law, the County or Regional Court of Cologne is agreed as court of jurisdiction for any disputes ensuing from the agreements and legal relationships associated with these for both parties according to the limits to the amounts in dispute. Also for any other legal issues the County or Regional Court of Cologne is agreed as court of jurisdiction.The same shall apply, if the place of residence or usual residence of the passenger / charter company is not known when the action is filed.
- Any verbal collateral agreements, supplements or changes to this agreement and its terms and conditions must be made in writing to be enforceable. This shall also apply for a waiver to the requirement of the written form. No agent, employee or authorized agent of Quick Air Jet Charter GmbH is entitled to supplement or amend these terms and conditions of transport or to renounce their applicability.Should one or several of the afore-mentioned terms and conditions be or become invalid then this shall have no effect on the validity of the remaining provisions. Quick Air Jet Charter GmbH is in this case commissioned and authorized to substitute the invalid provision by a valid provision, which as far as possible shall legally fulfil the commercial purpose of the invalid provision.