General Terms and Conditions of HG Charter Aircraft GmbH
§ 1 Scope
Our terms and conditions apply exclusively. We do not accept any terms that are contrary to or that differ from our terms and conditions unless we have expressly agreed in writing to different terms applying.
The version applicable when the contract is signed shall apply.
Our terms and conditions apply both for the brokering of aircraft charter services and for the provision of own aircraft charter services.
§ 2 Contract Conclusion
Any offers submitted by us are not binding and do not constitute an offer to conclude a contract.
An effective contract is concluded between us and the client only when we have received a signed and completed aircraft charter contract which contains all the relevant contract specifications, such as place of departure, time of departure, destination, time of arrival, aircraft type, number of passengers, as well as the agreed fee and when said aircraft charter contract completed and signed by the client is returned to us within 48 hours or is otherwise confirmed in writing. Otherwise no effective contract conclusion will have been realised.
§ 3 Obligations of HG Charter Aircraft GmbH
a) HG Charter Aircraft GmbH shall ensure that the chartered aircraft is made available fully crewed, fuelled, equipped and airworthy at the start of the flight. HG Charter Aircraft GmbH shall ensure that the aircraft provided complies with the safety requirements and legal stipulations of the national governments of both the countries of departure and arrival.
b) HG Charter Aircraft GmbH shall ensure that the aircraft provided is properly insured in accordance with the statutory provisions of the country of departure. Any additional insurance cover is excluded by HG Charter Aircraft GmbH.
c) HG Charter Aircraft GmbH shall ensure that all the necessary documents and permits, in particular overflight rights, take-off and landing permits are available for the aircraft provided. HG Charter Aircraft GmbH shall also take responsibility for drawing up the passenger manifest and other necessary paperwork. If the assistance of the client is required for this paperwork, HG Charter Aircraft GmbH can only guarantee this paperwork if the client has submitted the required documents. Unless otherwise agreed in a particular instance, the fare includes a free luggage allowance per passenger of a total of 40 kilogrammes. Any luggage in excess of this must be pre-registered with the contractor; there is no obligation to convey this.
§ 4 Obligations of the Client
a) The client agrees to provide HG Charter Aircraft GmbH with all information necessary to carry out the agreed flight.
These documents include, in particular, the provision of passenger data, including provision of the necessary travel documents, visas, etc.
b) The client will be liable for the designated passengers being in possession of the necessary entry documents for the country of destination. HG Charter Aircraft GmbH is not obliged to inspect the submitted travel documents to ensure their validity.
c) The client will be liable for the designated passengers to be available to check in at the agreed boarding time (usually an hour before the scheduled departure date, subject to other individual contractual arrangements).
d) The client unconditionally accepts that all instructions of the captain/commander of the aircraft will be observed in their entirety.
§ 5 Warranty
a) HG Charter Aircraft GmbH assumes liability for proper execution of the agreed services in accordance with the usual due diligence of commercial dealings.
b) The liability of HG Charter Aircraft GmbH is limited to intent or gross negligence, including intent or gross negligence of the representatives and agents of HG Charter Aircraft GmbH. If no intentional breach of contract can be attributed, liability for damages will be limited to foreseeable, typically occurring damage.
c) This limitation of liability does not apply to physical damage and damage to health or loss of life of the client or the passengers attributable to HG Charter Aircraft GmbH.
d) Any further liability for compensation is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages from negligence when the contract is concluded, due to other violations of duty or tort claims for property damage pursuant to Section 823 of the German Civil Code (BGB).
e) In no event shall the HG Charter Aircraft GmbH assume responsibility for disturbances of any kind caused by unforeseeable events such as war, earthquake, weather, strike, riot or other similar events.
f) The contractually agreed flight schedules are subject to available slots, weather conditions and other factors that are not within the control of HG Charter Aircraft GmbH.
g) In the event that HG Charter Aircraft GmbH is unable to provide the contractually agreed aircraft, then HG Charter Aircraft GmbH is entitled to make a comparable aircraft available.
§ 6 Agreed Fees
a) The contractually agreed fee applies only to the services agreed in accordance with the individual contract. In the event that changes to services are necessary due to events that are attributable to the sphere of the client, HG Charter Aircraft GmbH is entitled either to withdraw from the contract or to demand reimbursement from the client of the necessary additional expenses resulting from said changes.
b) In the event of cancellation for reasons attributable to the client, HG Charter Aircraft GmbH is entitled to demand full compensation. In this case, however, HG Charter Aircraft GmbH will offset any expenditure savings.
c) If, after conclusion of the contract, HG Charter Aircraft GmbH incurs significant unanticipated cost increases, such as, in particular, increases in insurance premiums due to war risk or other unforeseeable insurance premium increases or considerable fuel surcharges, HG Charter Aircraft GmbH is entitled to claim these additional costs from the client.
§ 7 Terms of Payment
a) If the client fails to adhere to the agreed individual contract terms, HG Charter Aircraft GmbH is entitled to rescind the contract without further notice.
In the event of rescission, HG Charter Aircraft GmbH is entitled to claim the resulting damage in full in consideration of any expenditure savings.
b) Payments shall generally be made exclusively by means of bank transfer to the account specified.
As far as HG Charter Aircraft GmbH accepts payment by credit card, the parties agree that a surcharge of 4% of the gross travel price must be paid.
§ 8 Other Contractual or Statutory Provisions
The conveyance services provided by HG Charter Aircraft GmbH are otherwise subject to the following provisions, as applicable:
- Convention for the Unification of Certain Rules for International Carriage by Air dated 12.10.1929, amended on 28.09.1955 (Warsaw Convention)
- Convention for the Unification of Certain Rules for International Carriage by Air dated 28.05.1999 (Montreal Convention)
§ 9 Final Provisions
These provisions and their implementation are subject exclusively to the law of the Federal Republic of Germany, in particular the Air Traffic Act, unless otherwise regulated in these conditions.
The sole place of jurisdiction for any disputes shall be the headquarters of HG Charter Aircraft GmbH, that is to say Munich.
If any provisions of the individual contract with the client, including these terms and conditions, are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic effect most closely resembles that of the invalid provision.