Terms and Conditions
The General Terms and Conditions set forth hereunder shall govern all business relations, contracts and privities of contract between Air Independence GmbH (subsequently referred to herein as: “Air Independence”) and its clients, users and customers (subsequently referred to herein as: “Customer”).
Air Independence hereby reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice, and the latest version of Terms and Conditions shall control.
SECTION 1 BINDING CONTRACT
(1) Air Independence offers transportation services in the area of commercial air transportation on demand.
(2) The Customer understands that the following Terms and Conditions shall be made part of any contract between Air Independence and the Customer, as if fully stated therein, upon consummation of a Customer order. In no event shall any terms and conditions provided by the Customer bind Air Independence.
(3) These Terms and Conditions supersede any prior representation by Air Independence in any advertising, catalogues, written documents and/or the webpage of Air Independence or any agreements between the Customer and Air Independence whether written or oral.
SECTION 2 GOVERNING LAW
These Terms and Conditions and any other contract entered into between Air Independence and Customer shall be governed by the rules and laws of the Federal Republic of Germany, in particular the Luftverkehrsgesetz [Air Traffic Act], the Statutes of the Warsaw Convention, and Regulations NO°889/2002 and NO°261/2004 of the European Community.
SECTION 3 FORMATION OF CONTRACT
(1) Offers for charter air services by Air Independence are subject to change without notice. Air Independence reserves the right to revoke offers even after such offers are received by the Customer until such offers are properly accepted by Customer in writing.
(2) Any oral declarations by Customer upon Air Independence shall in no event bind Air Independence in any way. Any agreement between Customer and Air Independence must be in written form [according to Sec. 126b of the German Civil Code]. No binding contract shall be deemed to have been formed without an express agreement in writing. Air Independence is entitled to renege any of its contractual duties, in the event it cannot confirm the identity of the Customer or communicate with the Customer. As a rule, Air Independence shall assume this is the case, if the Customer is not a natural person or a natural person without a regular domicile in Germany.
(3) All contracts are subject to and expressly contingent upon Air Independence obtaining all necessary rights for takeoff and landing, any and all applicable air traffic permits and other administrative authorizations. If such permits, authorizations, and/or rights are not acquired by Air Independence for any reason whatsoever, Air Independence is entitled to terminate the contract without any obligation to indemnify the Customer or otherwise refund any monies to the Customer and/or any third parties.
SECTION 4 PERFORMANCE OF CONTRACT AND LIABILITY
(1) It is understood by Customer that all times of departure and/or stated flight durations within an order confirmation of any agreement are approximations. In the case of delay or cancellation of the flight, Air Independence shall only be held liable in the event prevention of such delay or cancellation was reasonably achievable or if Air Independence did not undertake any measures to prevent such delay or cancellation. Air Independence shall not be held liable for any delay or cancellation due to forcemajeure or other unforeseeable events, due to obstructions by public authorities or third parties or due to strike, lockout, war and warlike events. It shall be deemed as an unforeseeable event if a delay or cancellation is caused because a flight permit is not provided by the air traffic control.
(2) In the event of any delay by the Customer, Air Independence shall make a reasonable effort to defer the departure. If a subsequent order is jeopardized by a delay of the Customer, Air Independence is entitled to withdraw the aircraft without any substitute. In this case, the Customer has to pay the full agreed upon flight price.
(3) Air Independence reserves the right to assign any or all of its duties hereunder to third parties.
(4) In the event of nonavailability of the selected aircraft for technical reasons, Air Independence shall make a reasonable effort to procure a substitute aircraft with specifications that are reasonably equal to the originally selected aircraft, and, if necessary, Air Independence reserves the right to substitute a lower-grade aircraft. In the event the Customer does not approve such substitution, Air Independence shall be entitled to provide a substitute aircraft with specifications that are reasonably equal to the originally selected aircraft by sub-chartering through another air carrier. Additional costs caused hereby can be passed on to the Customer.
(5) In the event the Customer expressly requests such performance, Air Independence may perform its contractual duties to the benefit of third parties, provided that in no event shall any third parties in an way have any enforceable rights against Air Independence, and further provided that the Customer shall make any such third parties fully aware that they are subject to all duties under Sections 5 through 7 of these General Terms and Conditions, subject to any information requirements under Section 11 paragraph 3, and subject to the notice requirements under Regulation NO°889/2002 of the European Community.
SECTION 5 THE FLIGHT
(1) Air Independence must comply with any and all applicable air traffic regulations in carrying out any and all appointments.
(2) The decision to carry out, cancel, or carry out any flight on a different route shall be in the sole discretion of the commandant of the aircraft.
(3) The commandant is entitled to cancel or abort a flight if the flight or any portions thereof cannot be carried out in accordance with any applicable legal and/or air traffic regulations e.g., lacking flight permissions, or if other conditions like weather, terror alerts or similar circumstances prohibit performance.
SECTION 6 CARRIAGE OF LUGGAGE
(1) The transportation agreement also applies to passenger baggage. Every passenger is entitled to carry items weighing up to 20 kg. The transportation of bigger and heavier items must be expressly agreed upon by Air Independence in advance. The passengers are not allowed to carry the following items as passenger baggage:
(2) Passengers carrying weapons, ammunition or explosives must expressly notify Air Independence beforethe beginning of the flight. The same rule applies to items that give the impression (from their appearance or their identification) of being weapons, ammunitions or explosive materials. Air Independence shall only permit transportation of such items if they are transported in accordance with any applicable rules governing the transport of dangerous goods, but only as checked-in luggage, not personal carry on luggage. The latter does not apply to policemen who are authorized and obligated to carry weapons according to their service duty, provided that such policemen surrender their weapon to the responsible captain at the beginning of the flight.
(3) As a strict rule, Air Independence only transports luggage which belong to or can be assigned to specific, identifiable passengers.
SECTION 7 TRANSPORTATION OF THE PASSENGER
(1) All transport documents shall be issued by Air Independence. The Customer is obligated to provide Air Independence with all necessary information and documentation for that purpose. The Customer shall be held liable for all damages resulting from any false or incorrect information or from any omissions of information, documentation or forms issued late or improperly. The Customer is responsible for ensuring that all passengers have any and all travel documents necessary for entry and exit, such as passports, visas, vaccination certificates, etc. Air Independence is entitled to deny any passenger transportation whose documents for entry and exit are incomplete. Air Independence is not liable for any losses or expenditures resulting from the non-compliance with rules for entry and exit.
(2) Transport of children younger than 12 years without an accompanying adult requires the express permission of Air Independence.
(3) Air Independence may refuse transportation or continuation of transportation of any passenger or may cancel any is reservation, if:
SECTION 8 GENERAL CONDITIONS FOR PAYMENT
(1) The agreed upon charter price is to be paid by the Customer in full at least ten days before departure. If the contract is closed less then ten days before departure the full price is payable immediately. Air Independence is entitled to refuse or delay performance if payments are delayed or incomplete. It is the Customer’s sole responsibility to verify the due and complete payment. Further entitlements of Air Independence shall remain unaffected hereby. Air Independence reserves the right to demand, in its sole discretion, and only by written agreement (Sec. 126b German Civil Code), the amount completely or partly later than ten days before the departure of the flight. Any written agreement can only be disposed of or modified by another agreement in written form.
(2) The Customer shall be deemed to be in default if the outstanding balance on such Customer’s account has notbeen satisfied 30 days after the receipt of a written invoice indicating such outstanding balance. All payments shall be applied to the account first to any collection costs incurred by Air Independence (reminder fees, litigation costs) before default interests and before claims in the order of their decreasing age. Contradictory orders of the Customer shall be effectless. Cheques and bills will only be accepted on account of performance and shall be subject to deduction of applicable discount charges and note charges. Cheques will only be accepted in lieu of cash if they are covered and the money is transferred. Discount charges are immediately payable and will be charged from the due date of the entitlement independent of the acceptance of the bill.
(3) Air Independence is entitled to pass additional incurred costs on to the Customer as price increases if the period of time between the order and the departure exceeds 4 months. If such price increase exceeds 10 % of the price of the flight, both parties are entitled to withdraw from the contract within 10 days of notification the other party.
SECTION 9 RIGHTS OF RETENTION AND CHARGING
(1) The Customer can solely set off with legally binding or indisputable counterclaims. The exercise of a right of retention is excluded.
SECTION 10 CANCELLATION BY THE CUSTOMER
Should the Customer withdraw from the agreement for any reason, Air Independence is entitled to charge the following cancellation fees:
If any passengers whose names were submitted by the Customer fail to board the flight at the appointed time, Air Independence reserves the unconditional right to charge the Customer the agreed upon flight price.
SECTION 11 MISCELLANEOUS RULES
(1) Should these General Terms and Conditions of Business and/or any part thereof be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
(2) The transportation contract is entirely subject to the laws of the Federal Republic of Germany. Venue of jurisdiction for contracts with business people is Munich/Germany. If the other contracting party has no general venue of jurisdiction in Germany or if it displaces its domicile or its habitual whereabout to a foreign country, the venue of jurisdiction of Air Independence shall be deemed as the common venue of jurisdiction. This rule shall also apply if the domicile of the Customer or habitual whereabout are unknown at the time a lawsuit is filed.
(3) The Customer consents to the registration, processing, use, modification and forwarding of his or her personal information to Air Independence. Air Independence shall only use such data in conjunction with performing its duties as an air carrier. Forwarding of such data to third parties will only be conducted in accordance with the Bundesdatenschutzgesetz [German Act Against the Abuse of Personal Data].
Regulation (EC) No. 889/2002 Notice: This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
COMPENSATION IN THE CASE OF DEATH OR INJURY
There are no financial limits to the liability for passenger injury or death. For damages up to 100.000 SDRs (approximately EUR 120.000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16.000 SDRs (approximately EUR 19.200).
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4.150 SDRs (approximately EUR 5,100).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1.000 SDRs (approximately EUR 1.200).
DESTRUCTION, LOSS OR DAMAGE TO BAGGAGE
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately EUR 1.200). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
HIGHER LIMITS FOR BAGGAGE
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
COMPLAINTS ON BAGGAGE
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
LIABILITY OF CONTRACTING AND ACTUAL CARRIERS
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
TIME LIMIT FOR ACTION
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
BASIS FOR THE INFORMATION
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
Disclaimer: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it does not form part of the contract between the carrier(s) and you. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.
Munich, March 2008