The following General Terms and Conditions of Transport of JetFleet AG define the conditions under which JetFleet AG enters into contractual relationships with its customers (referred to hereinafter as “charterers”) and executes these. The following General Terms and Conditions of Transport become part of every contract with JetFleet AG. JetFleet AG does not recognise deviating or contrary agreements, unless JetFleet AG has provided its express consent in writing.

These conditions apply both to private customers and to companies.

JetFleet AG operates exclusively as a provider of flight services. This includes the provision of flight services and other individual services within the framework of a business activity conducted on instructions pursuant to Section 675 BGB. Here, JetFleet AG does not operate as an aviation company. It assumes the settlement of the booked services and is the direct contact person of the charterer. JetFleet AG has transferred the operation of its aircraft to WINDROSE Air Jetcharter GmbH, Georg-Wulf-Str. 3 (GAT), 12529 Schönefeld, Germany. JetFleet AG thus transfers the performance of the flight services to the air freight forwarder - WINDROSE Air Jetcharter GmbH. 
Date, route, planned aircraft type, equipment, etc. are named for the respective offer with necessary changes reserved. The liability of JetFleet AG is not expanded by Regulation (EC) No. 2027/97 of the Council on the liability of aviation companies in the case of accidents, as this regulation affects only the executing air freight forwarder. Additionally, the charterer as well as the passengers are to comply with the transportation provisions of the executing aviation company.

I. CONCLUSION OF CONTRACT:

1. After receipt of an enquiry, JetFleet AG communicates a non-binding contract offer to the charterer in writing, mostly via e-mail. This non-binding offer is to be checked by the charterer, countersigned and returned to JetFleet AG in text form. The charterer subsequently receives a corresponding order confirmation.

2. Only once the order confirmation has been received does a contract between JetFleet AG and the charterer come into being.

II. SERVICES OF JETFLEET AG:

From the contract, JetFleet AG owes the organisation of the confirmed flight with the offered, manned aircraft from the confirmed place of departure to the agreed place of destination at the confirmed departure time.

III. FLIGHT PRICE:

1. If possible, JetFleet AG shall provide the charterer with flat-rate offers. To the extent that the flight price is established as a flat rate overall, all flight-related ancillary costs are covered by the offered and invoiced flat rate. Weather-induced separate costs (e.g. for de-icing processes; holding processes, etc.) as well as extra services not directly connected to the performance of the flight, such as taxi or limousine provided or other additional services, are excepted herefrom.

2. Otherwise, the following applies to the offers of JetFleet AG:
a) If, in deviation from figure 1., a settlement as a function of the flight time is agreed, the settlement takes place as a function of the time duration of the booked flight (referred to hereinafter as the “flight hours”). The period from take-off to landing is invoiced. JetFleet AG does not charge so-called block times (rolling times from the gate to the runway or from the runway to the gate).

b) If offers and invoices of JetFleet AG contain the item “airport flat rate”, all flight-related ancillary costs (e.g. airway fees, fees for arrival and departure, landing fees), with the exception of any possible de-icing processes, as well as with the exception of fees and costs contained in the following items, are thus covered. An exact billing of these ancillary costs towards the charterer does not take place. 

c) Should offers and invoices of JetFleet AG contain the item “off-day”, all ancillary costs incurred due to multiple-day flight movements, or idle times (e.g. costs of the idle time of the aeroplane overnight, accommodation and catering costs of the crew, costs for airline tickets if replacement crew is required due to statutory operating times) are thus covered. This is a flat rate settlement that does not necessarily have to harmonise with the actually incurred costs. In particular, the charging of an “off-day“ flat rate does not prevent JetFleet AG from deploying aeroplanes and crew in alternative ways. Additional costs thus incurred are not charged to the charterer’s account; only the “off-day” flat rate is charged. An exact billing of these ancillary costs towards the charterer does not take place and is expressly recognised by the charterer upon confirmation of the offer.

d) If, for a trip, it is necessary to book a hotel to comply with the statutory rest times of the crew, this is charged on a flat rate basis at € 280.00 (incl. VAT) per day.

IV. PAYMENTS:

1. Payments are due immediately after receipt of the invoice and without deduction. A set-off with counterclaims of the charterer shall be excluded, unless the claim has been established as final and absolute or is undisputed.

2. The charterer can pay the charter price in cash, by credit card or by transfer. JetFleet AG reserves the right not to accept cash payments in individual cases, without stating reasons, especially when the legal provisions regarding the Money Laundering Act are not complied with or fulfilled by the charterer. Additionally, JetFleet AG reserves the right to demand the total price as an advance payment, i.e. before the booked trip is embarked on. If, despite a forthcoming commitment, or, for example, through communication of a transfer confirmation, the trip price has not arrived in the account of JetFleet AG, JetFleet AG reserves the right not to have the aeroplane taken off until the invoice amount is actually available in the account of JetFleet AG.
 

V. CANCELLATION, REBOOKING OR WITHDRAWAL:

1. A cancellation can take place in written form, via e-mail or by fax. The following applies to a cancellation:

a) In the event of a cancellation by the charterer, the following flat rate damages become due:
In the event of a cancellation of the contract up to 72 hours before the planned departure, a cancellation fee in the amount of 25% of the flight price is due.
In the event of a cancellation of the contract up to 24 hours before the planned departure, a cancellation fee in the amount of 50% of the flight price is due.
In the event of a cancellation of the contract less than 24 hours before the planned departure, a cancellation fee in the amount of 70% of the flight price is due.
The times indicated refer to the receipt of the cancellation by JetFleet AG. 
In all cases, the charterer has the opportunity to provide proof of smaller damage. Additionally, the charterer shall be entitled to demonstrate that no damage has been incurred.

b) JetFleet AG has the right to withdraw from the charter contract on important grounds without adhering to a deadline, while retaining its rights. An important ground exists, in particular, if an agreed advance payment has not been received on time or grounds arise in the person or the general behaviour of the charterer that make a performance of the order seem unreasonable to JetFleet AG or the mandated aviation company, WINDROSE Air Jetcharter GmbH. Further, WINDROSE Air Jetcharter GmbH has the right to refuse to transport passengers on important grounds, according to its own judgement and while retaining its rights, especially if grounds exist that constitute an endangerment to safety (physical, mental condition of the passengers or of an individual passenger, or their behaviour). In such a case, the charterer is not entitled to any claims against JetFleet AG or WINDROSE Air Jetcharter GmbH, no damage claims.
c) In cases of force majeure, both parties are authorised to withdraw from the contract on important grounds. A case of force majeure exists, in particular, if the Foreign Office of the Federal Republic of Germany or the Republic of Austria issues current travel warnings or safety advice for the agreed destination after the establishment of the arranged transportation contract that give rise to fears of endangered safety, necessary visas for crew, landing approvals or overflight rights are not issued by foreign authorities through no fault of JetFleet AG or WINDROSE Air Jetcharter GmbH or the prevailing weather conditions at the place of destination or on the flight route make a flight or landing at the place of destination impossible or necessitate an alternative landing at a different location than the place of destination.
If one of the aforementioned situations is foreseeable before commencement of the flight, JetFleet AG is obligated to inform the charterer of this immediately to allow the latter to decide whether to withdraw from the contract. In these cases, no mutual claims arise.

2. Rebookings are changes to the flight date, the flight times or the flight destination at the request of the charterer after the contract has been concluded pursuant to figure I. 
Rebookings include a cancellation of the original flight according to figure V.1.a) above including the associated legal consequences, as well as the conclusion of a new contract according to figure I of these General Terms and Conditions. If, in the case of a rebooking, the flight destination but not the date of the flight is changed, instead of a cancellation fee to be paid to JetFleet AG only flat rate damages in the form of a rebooking fee in the amount of EUR 500.00 plus VAT shall be incurred. JetFleet AG expressly reserves the right to demonstrate higher damage. In all cases, the charterer has the opportunity to provide proof of smaller damage. Additionally, the charterer shall be entitled to demonstrate that no damage has been incurred

3. JetFleet AG is not obligated to confirm rebookings before or after commencement of the flight. In particular, JetFleet AG can refuse rebookings after commencement of the flight if compliance with the legally prescribed rest times for the crew is thus no longer ensured. 
Should the flight route change due to a rebooking after the flight has commenced, the remuneration of JetFleet AG shall be determined according to the relationship between the number of originally calculated flight hours and the then actual flight hours, while JetFleet AG, as a minimum, has a right to receive the originally agreed remuneration without taking the rebooking into account. If an intermediate landing takes place at the request of the charterer, contrary to the transport contract/ order confirmation, the charterer is obligated to pay all additional costs resulting from this

VI. INTERRUPTION OF THE FLIGHT, ALTERNATIVE LANDINGS, INTERMEDIATE LANDINGS:

1. If due to a failure of the aircraft for technical or operational reasons or due to force majeure (especially due to prevailing weather conditions at the destination or on the flight route), JetFleet AG is unable to fulfil its contractual obligation after commencement of the flight, the charterer shall be liable to pay adjusted remuneration based on the relationship between the number of calculated flight hours on which the original order confirmation was based and the actual flight hours in addition to any other additional costs. In all cases, the charterer has the opportunity to provide proof of smaller damage. Additionally, the charterer shall be entitled to demonstrate that no damage has been incurred.

2. If, due to force majeure (especially due to the prevailing weather conditions at the destination or on the flight route), a landing at the destination airport is not possible and an alternative landing is necessary, JetFleet AG assumes neither the costs for the further transportation of the passengers to the destination confirmed at that time nor any other additional costs incurred due to the alternative landing. In this case, the charterer shall be liable to pay remuneration adapted according to the relationship between the number of calculated flight hours on which the original order confirmation was based and the actual flight hours plus any other additional costs. In all cases, the charterer has the opportunity to provide proof of smaller damage. Additionally, the charterer shall be entitled to demonstrate that no damage has been incurred.

3. If, due to force majeure (especially due to the prevailing weather conditions at the destination or on the flight route), a landing at the destination airport is not possible and a return flight to the departure airport is either desired by the charterer or unavoidable due to the circumstances, the charterer shall be liable to pay remuneration adapted according to the relationship between the number of calculated flight hours on which the original order confirmation was based and the actual flight hours plus any other additional costs. In this case, the flight hours are composed of the flight time overall, i.e. of the flight to the destination and back.

4. In each individual case, the decision as to whether an aeroplane turns back or diverts to another airport due to prevailing weather conditions shall be made exclusively by the captain (PIC). The same applies in the event of any technical faults of the aircraft that may occur during the flight. 

5. If, due to force majeure (especially due to the prevailing weather conditions at the destination or on the flight route), a landing at the destination airport is not possible and an alternative landing is necessary, the charterer is obligated to bear all additional costs resulting from this. 
 

VII. DELAYS DUE TO THE BEHAVIOUR OF THE CHARTERER:

If the time during which the aircraft is available to the charterer as agreed is exceeded because, for example, passengers, luggage or freight shipments are not ready on time or travel documents or other documents required for the transportation are absent, or this is caused due to other actions or omissions of the charterer, their employees, agents or passengers, the charterer must reimburse JetFleet for all thus incurred additional costs (parking fees, other fees of the airport, etc.). The charterer is additionally obligated to provide compensation for all other costs that arise due to the non-performance of the flight or its delay.

VIII. TRANSPORTATION OF DANGEROUS GOODS AND OTHER OBJECTS:

No dangerous goods may be carried, i.e. objects that could endanger the aircraft or the safe performance of the flight. Each passenger is obligated to inform themselves of the list of the prohibited objects in hand luggage or in the handed-in travel luggage before boarding the flight. If the passenger is carrying dangerous goods pursuant to Section 27 para. 4 LuftVG on their person or in their luggage, especially weapons or objects similar to weapons, they must advise the PIC (Pilot in Command / Captain) of this before embarking on the journey. The pilot shall decide on the type of transportation and is authorised to refuse to transport the goods if an endangerment of persons or of the aircraft is thus to be feared. All objects, bulky luggage, etc. are permitted only if significant damage, soiling or endangerment of persons and flight equipment is ruled out.

IX. DECISION-MAKING AUTHORITY OF THE PIC (PILOT IN COMMAND/ CAPTAIN):

The pilot of the aircraft is authorised to take all necessary safety measures at any time. They thus have full decision-making authority regarding the weight capacity and seating capacity offered, regarding the passengers and goods, as well as regarding the loading, distribution and unloading of freight and luggage. Equally, the pilot makes all the necessary decisions regarding whether and in what way the flight is performed or, if applicable, the route is deviated from, or a landing is performed. The pilot is authorised to refuse non-registered persons the right to fly as well as to cancel the performance of a flight from the beginning or to divert a flight without delay if the behaviour of passengers makes this necessary under consideration of safety aspects and with a view to personality rights of other travelling persons. In the aforementioned cases, JetFleet AG retains its right to receive payment of the charter price and the charterer is obligated to pay any additional costs incurred due to the measures taken.

X. TRANSPORTATION AND TRAVEL DOCUMENTS:

JetFleet AG shall provide all transportation documents related to the flight. To this end, the charterer must provide a passenger list to JetFleet AG and supply it with all the necessary documents and information no later than 24 hours before the planned commencement of the trip. The charterer is responsible for the correctness and completeness of these documents. The charterer is responsible for ensuring that the passengers are equipped with all the necessary travel documents for the journey to and from the destination, such as passports, visas, vaccination certificates, etc. The charterer shall be liable for all damage resulting from the incorrectness and incompleteness of its information and documents or from documents issued belatedly or in a non-orderly manner. The charterer shall also be liable for compliance with the valid foreign currency and health provisions.

XI.  LIABILITY:

1. JetFleet AG shall not be liable for the cancellation or delay of flights, provided such occurrences are not due to gross negligence and the persons operating on behalf of JetFleet AG have taken all reasonable measures to avoid damage or could not take such measures. This exclusion of liability applies particularly in cases of force majeure, in the case of hindrances presented by state bodies or other third parties, strikes, lockouts and war or occurrences similar to war. JetFleet AG shall also not be liable for actions of other airlines, handling companies, or their vicarious agents, as well as for objects of passengers allowed back on board. The liability for damage to life, body and health shall be based on the statutory provisions. The exclusion or limitation of liability of JetFleet AG shall apply accordingly to all executing representatives, employees and other persons.

2. The charterer shall be liable for damage to the aircraft or in the aircraft interior caused due to negligence or intent. The same applies to additional flight personnel deployed by the charterer.

XII. AGREED PLACE OF JURISDICTION, APPLICABLE LAW:

1. If the charterer is an agent, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes from contracts between JetFleet AG and the charterer shall be Aschaffenburg.

2. German law shall be applicable to this contract.

XIII. NON-BINDING TRANSLATION:

In cases of doubt, the German text of these General Terms and Conditions shall be decisive.

XIV. MISCELLANEOUS:

Should individual provisions of these general terms and conditions of transport be or become invalid, this shall not affect the validity of the remaining provisions. The parties agree to replace ineffective regulations with an effective regulation that comes as close as possible to them.