- hereafter referred to as "EFD" -
The following EFD General Conditions of Business and Carriage define the conditions under which EFD enters into and conducts contractual relationships with its customers (hereafter referred to as "Charterers"). The following General Conditions of Business and Carriage form part of every contract with EFD. EFD shall not recognise any divergent or contradictory agreements, unless EFD has expressly approved their validity in writing.
These conditions apply both to consumers and to contractors, unless otherwise specified in the relevant clause.
I. Conclusion of contract
1. Following receipt of an enquiry, EFD shall respond to the Charterer with a non-binding contractual offer in writing, by e-mail or by telefax. This non-binding offer should be verified by the Charterer, signed and returned to EFD in writing, by e-mail or by fax. EFD shall then send the Charterer an order confirmation.
2. A contract of carriage between the Charterer and EFD only comes into force with the receipt of the order confirmation from EFD by the Charterer.
II. Services provided by EFD
The contract obliges EFD to provide the flight requested with the specified aircraft and with a crew, from the agreed departure location to the agreed destination location, at the agreed time.
III. Composition of the flight price
1. Insofar as it is possible, EFD will offer all-inclusive packages to the Charterer. Where the total flight price forms part of the package, the package offered and invoiced shall include all flight-related supplementary expenses. This excludes exceptional costs due to weather conditions (e.g. for de-icing procedures) and non-flight-related additional services, such as e.g. the provision of a taxi or limousine or special catering (see also III. 2. e)).
2. Otherwise, the following applies to offers from EFD:
a) Insofar as, diverging from Clause 1, a bill of costs dependent on the flying time is agreed, then the bill of costs shall be dependent on the duration of the flight as booked (hereafter referred to as "flying hours"). The invoicing period is the period from the start of take-off until the conclusion of landing. EFD does not undertake calculations in blocks of time. The flight time therefore does not include the period when the aircraft is waiting at the gate, or the period when the aircraft is moving to the runway for take-off or from the runway to the gate after landing.
b) Insofar as offers and invoices from EFD contain the item "Airport charges", then this shall include all flight-related supplementary expenses (e.g. route charges, take-off and landing charges, positioning flights from Stuttgart), with the exception of any de-icing procedures which become necessary or fees and charges included in the following items c) to e). We will not provide the Charterer with a detailed breakdown of these supplementary expenses. The subsequent costs of ground transport shall be borne by the Charterer.
c) Insofar as offers and invoices from EFD contain the item "Overnight stop charges", then these cover all supplementary costs arising from multiple flight movements (e.g. overnight aircraft standing costs, crew overnight accommodation and meals charges, airline tickets, insofar as a replacement crew is required due to the duration of the flight). This relates to a fictitious invoice for an all-inclusive package, which does not necessarily correspond with the costs arising in reality. In particular, EFD shall reserve the right to deploy the aircraft and crew elsewhere, notwithstanding the calculation of an overnight stop charge. Additional expenses arising therefrom shall not be invoiced, although the overnight charge shall still apply. We will not provide the Charterer with a detailed breakdown of these supplementary expenses.
d) If it becomes necessary to book a daytime hotel in order to comply with the crew rest periods prescribed by law, then this will be invoiced at EUR 300.00 per day.
e) Special services detailed in the contract and supplied or made available by EFD, e.g. VIP handling, special catering, on-board telecommunications via satellite etc., shall be additionally invoiced to the customer.
1. Payments become due immediately on receipt of our invoice, with no deductions. The off-setting of payment with counter-claims by the Charterer is excluded, unless this relates to a claim which has been legally determined or which is uncontested.
2. The Charterer may pay the charter price in cash, by credit card (VISA, MasterCard or AmEx) or by bank transfer. EFD reserves the right not to accept cash payments in certain cases without stating a reason. EFD also reserves the right to demand that the Charterer pays part or all of the travel costs in advance.
V. Cancellation, rebooking and withdrawal
1. A cancellation may be notified in writing, by e-mail or telefax. The following shall moreover apply in the case of a cancellation:
a) In the case of a cancellation by the Charterer, the following lump-sum cancellation charges shall become payable:
The periods stated relate to the receipt of notification of the cancellation by EFD. The Charterer shall be permitted to provide proof that EFD has not incurred any damages or only minor damages. EFD reserves the right to make further claims.
b) EFD may withdraw from the charter agreement for compelling reasons without observing a notice period, whilst protecting its rights. A compelling reason shall arise in particular, when
Furthermore, EFD is entitled to refuse to transport passengers for good reason at its own discretion, whilst protecting its rights, in particular if the physical or mental state or the conduct of the passenger represents a danger to safety or an infringement of legal regulations. The Charterer shall not be entitled to claim damages against EFD in any of these cases.
c) In the case of force majeure, both parties are entitled to withdraw from the contract for compelling reason. A case of force majeure applies in particular when
If such a situation is foreseeable before the start of the flight, then EFD is obliged to inform the Charterer of this without delay, in order to enable the Charterer to reach a decision about withdrawing from the contract. No reciprocal claims shall arise in these cases; in particular there shall be no entitlement to damages on the part of the Charterer.
2. Rebookings are alterations of the flight date, flight time or flight duration, or alteration of the flight destination, at the request of the Charterer following conclusion of the contract in accordance with Clause I. Rebookings include a cancellation of the original flight in accordance with Clause V.1.a) above, inclusive of the associated legal consequences, and a new conclusion of contract in accordance with Clause I of these General Conditions of Business and Carriage. Where a rebooking only relates to the alteration of the flight destination and not the flight date, only a lump-sum compensation in the form of a rebooking fee to the sum of EUR 500.00 plus VAT shall be payable, instead of the cancellation fee in favour of EFD in accordance with Clause V.1.a). EFD reserves the right to present proof of greater damages, just as the Charterer shall have the right to prove that EFD incurred only minimal damages or no damages whatsoever.
3. EFD is not obliged to accept rebookings after commencement of the flight. EFD may refuse rebookings after commencement of the flight in particular when this would mean that it would thereby become impossible to guarantee the rest periods for the crew prescribed in legislation. If the flight route is altered due to a rebooking, then EFD shall determine its recompense in accordance with the relationship between the total flying hours which formed the basis of the original offer, and the actual total flying hours, whereby EFD shall retain its claim to at least the amount of the original recompense agreed, without regard to the rebooking. If, contrary to the original contract of carriage, a flight stopover takes place by request of the Charterer, then the Charterer shall be obliged to pay all supplementary costs thereby arising.
VI. Curtailment of the flight, rerouting, flight stopovers
1. If EFD becomes unable to fulfil its contractual obligations due to a failure of the aircraft for technical or operational reasons, or due to force majeure, (in particular due to the weather conditions at the destination or on the flight route) after commencement of the flight, then the Charterer shall owe a recompense adjusted in accordance with the relationship between the number of flying hours on which the original offer calculation was based, and the actual total flying hours, plus any other arising additional expenses by EFD.
2. If a landing at the destination airport is not possible due to force majeure (in particular due to the weather conditions at the destination or on the flight route), and a diversion to an alternative airport becomes necessary, then EFD shall not assume the costs either for the further transportation of the passengers to the originally agreed destination or any other additional costs arising from the diverted landing. In this case, the Charterer shall owe a recompense adjusted in accordance with the relationship between the number of flying hours on which the original offer calculation was based, and the actual total flying hours, plus any other arising additional expenses by EFD.
3. If a landing at the original destination airport is not possible due to force majeure (in particular due to the weather conditions at the destination or on the flight route), and if a return flight to the departure airport is either desired by the Charterer or unavoidable due to circumstances, then the Charterer shall owe a recompense adjusted in accordance with the relationship between the number of flying hours on which the original offer calculation was based, and the actual total flying hours, plus any other arising additional expenses by EFD. In this case, the flying hours shall consist of the total hours flown, that is, the outward and return flight added together.
4. If a landing at the destination airport is not possible due to force majeure (in particular due to the weather conditions at the destination or on the flight route) and a flight stopover therefore becomes required, then the Charterer is obliged to bear all additional expenses arising therefrom.
VII. Delays due to the conduct of the Charterer
When the contractually-agreed period during which the aircraft is available to the Charterer is exceeded because passengers, baggage or freight shipments are not ready promptly, because travel documents or other documentation required for transportation are unavailable or because of other delay due to the actions or omissions of the Charterer, his employees, contractors or passengers, then the Charterer shall pay EFD a demurrage charge in accordance with the fees ordinance of the respective airport, together with compensation of costs for additional ground and flying time. The Charterer is also obliged to repay EFD for all additional costs subsequently arising from the non-fulfilment of the flight or the delay.
VIII. Transportation of dangerous goods and other articles
No items may be transported which could endanger the aircraft. Each passenger is obliged to take notice of the list of articles forbidden in hand luggage or in checked baggage. If the passenger is carrying dangerous goods according to Section 27, paragraph 4 of the German Air Traffic Act (LuftVG) on their person or in their baggage, in particular weapons or potential weapons, then the passenger must declare this to the aircraft commander before commencement of travel. The aircraft commander shall decide on the manner of transportation and is entitled to decline transportation when there is a potential danger to persons or to the aircraft. Any articles, bulky luggage etc. shall only be permitted as hand luggage when any significant damage, dirtying or endangerment to persons and flight instrumentation has been excluded.
IX. Decision-making authority of the aircraft commander
The commander of the aircraft is entitled to take any measures necessary to ensure safety at any time. In this respect, he or she has full decision-making authority concerning any modification of the payload and seating capacity provided, concerning passengers and goods and concerning the loading, distribution and unloading of freight and luggage. The commander shall also make all necessary decisions concerning the conduct of the flight and any diversions and landings to be undertaken. The commander is entitled to refuse to transport unregistered individuals and to refuse to commence a flight, as well as to divert a flight without delay, insofar as the conduct of passengers renders this necessary out of consideration for safety and with regard to the personal rights of other individuals travelling. In the cases described, EFD shall retain its right to payment of the charter price, and the Charterer is obliged to pay any additional costs arising from the measures taken.
X. Carriage, travel and transportation documents
Transportation documents shall be issued by EFD. The Charterer shall supply EFD with a passenger list not later than 24 hours and shall provide all necessary documents and information. The Charterer is responsible for the accuracy and completeness of these documents. The Charterer is responsible for ensuring that the passengers are in possession of all travel documents necessary for departure and arrival, such as passports, visas, immunisation certificates, etc. The Charterer shall be responsible for all damages arising from the inaccuracy or incompleteness of the information and documentation he or she supplies, or from the delayed or improper presentation of documents. The Charterer is also responsible for observing any currency and health regulations in force.
1. EFD shall not be responsible for delays and cancellations to flights, insofar as EFD has not been responsible for such events due to gross negligence, and EFD and its contractors have taken all reasonable steps to avoid damage, or were unable to take such steps. This disclaimer applies in particular in cases of force majeure, restrictions imposed by governmental agencies or other third parties, strike, lockout and war or hostilities. EFD shall also not be liable for the actions of other airlines, handling companies or their agents, or for items belonging to passengers which are left on board. Liability for injury to life, limb and health is otherwise aligned with legal requirements. The exclusion or limitation of EFD's liability also accordingly applies to all contracting representatives, staff members and other persons.
2. The Charterer shall accept unlimited liability for damages to the aircraft or to the aircraft interior, even without proof of the culpability of the passenger responsible. This also applies to additional flight staff deployed by the Charterer. The liability of the Charterer applies independently of any liability agreement between the Charterer and passengers or flight staff deployed by the Charterer.
XII. Agreement on place of jurisdiction and applicable law
1. If the Charterer is a businessman, a legal entity under public law or a special asset under public law, then the court of jurisdiction for all disputations arising from contracts between EFD and the Charterer is Stuttgart.
2. This agreement is concluded under German law.
XIII. Non-binding translation
In case of doubt, the German text of these General Conditions of Business and Carriage is definitive.
If individual provisions within these Conditions of Business and Carriage should be or become invalid, then this does not affect the validity of the other regulations. The parties agree to replace ineffective regulations with effective regulations which resemble these as closely as possible.
- hereinafter EFD -
The following Terms of Business and Transport of EFD define the conditions for any contractual relationships between EFD and its clients (hereinafter charterer). The following Terms of Business and Transport are a constituent part of any contract with EFD. Any deviations thereof or contradictory terms shall only be valid if confirmed in writing by EFD.
The Terms of Business and Transport are applicable for contracts with consumers as well as with businessmen, unless otherwise stated in the relevant provision.
I. Conclusion of the contract
1. EFD transmits after receiving a booking request an offer without obligation in writing, via eMail or via facsimile. The charterer has to verify this offer without obligation and to sign it. After signing the charterer has to send it back to EFD in writing, via facsimile or via eMail. After receiving the signed offer, EFD sends a booking confirmation to the charterer.
2. The contract between the charterer and EFD is concluded when the charterer receives the booking confirmation.
II. Services of EFD
Because of the contract, EFD has to provide the arranged flight with the booked aircraft from the arranged place to the arranged destination at the agreed time.
III. Consistency of the price
1. EFD will if possible make a lump-sum offer. As far as there is a lump-sum price, the price includes all additional costs in connection with the flight. Not included in a lump-sum price are special costs caused by weather (e.g. for de-icing) and extras which are not connected with the flight, e. g. a provided taxi or a limousine or special catering (q. v. III. 2. e)).
2. If there is no lump-sum price arranged the following shall be effective:
a) If there is contrary to number 1. an accounting arranged which depends on the duration of the flight, the accounting shall depend on the time period of the booked flight (hereinafter flight hour). Billable is the time period that starts with the beginning of the start of the aircraft and ends with the completion of the landing. EFD does not bill Block Times. Due to that neither the time period of the aircraft standing at the gate nor the period of the aircraft moving to the runway or from the runway to the gate is billable.
b) If offers or bills of EFD contain a flat airport charge all extras connected with the flight (e.g. airway fees, fees for the approach or for take-off, landing fees and costs for positioning flights from Stuttgart) are included except for de-icing processes and fees or costs which are included in the following points c) to e). There is no exact charging of these costs. Follow-up costs caused by ground transport are not included and shall be charged separately.
c) If offers or bills of EFD contain a flat night-stop charge any costs connected with multi-day flights (e. g. costs incurred because the aircraft has to stay overnight, accommodation expenses and subsistence expenses of the crew, costs for flight tickets if another crew is necessary because of the length of the flight period) are included. The flat night-stop charge is a virtual all-inclusive price which does not necessarily accord with the real expenses. In particular EFD can in spite of billing a flat night-stop charge freely decide how to use the aircraft and the crew in the meantime. Additional costs which maybe occur shall not be billed. In this case only the flat night-stop charge shall be billed. There is no exact charging of these costs.
d) If it is necessary to take a day hotel for keeping the statutory rest times a fixed fee of 300,-- a day shall be charged.
e) Special services ordered by the charterer, provided or facilitated by EFD e. g. VIP-Handling, Special Catering, on-board communication via satellite etc. are billed separately.
1. Unless otherwise agreed, the invoice shall be paid in full immediately upon receipt. A summation with counterclaims of the charterer is excluded. The exclusion is not applicable in case of claims which are legally recognized or undenied.
2. The charterer may pay with credit card (VISA, MasterCard or Amex) or transfer the amount to one of EFDs bank accounts. EFD reserves the right to refuse cash payments in individual cases without giving reasons. Furthermore EFD reserves the right to demand prepayment for the whole travel price or parts of it.
V. Cancellation, Rebooking
1. A cancellation takes place in writing, via eMail or via facsimile. Apart from that shall the following be effective:
a) The Charterer shall pay a cancellation fee based on the sliding scale below, if he cancels a contract for a flight booked with EFD, before the scheduled departure:
The time of the receipt of the written cancellation shall govern its applicable charge. The Charterer may proof that EFD did not suffer any loss or a lower damage in order to pay a lesser amount than the lump-sum amount. EFD reserves the right to file additional claims.
b) EFD may withdraw from the charter contract without complying with a notice period without any infringement of its rights for important reasons, for example if
Moreover at its discretion, EFD shall be entitled to refuse to transport passengers upon good cause shown without any infringement of its rights. This shall apply particularly if the passengers mental or physical condition or behaviour may endanger safety or be in violation of legal regulations. In all these cases the charterer does not have any claims for damages.
c) In case of force majeur both parties may withdraw from the charter contract because of good cause. Force majeur is especially given if
If such a situation is predictable before departure EFD shall be obligated to inform the charterer immediately in order to give the charterer the opportunity to withdraw from the contract. There are no mutual obligations in all these cases, especially no compensation claims of the charterer.
2. Rebookings are changes of the date, the time of the flight, the period or the destination of the flight by reason of the charterers wish after the contracts conclusion according to No. I. Rebookings consist of a cancellation of the formerly arranged flight according to No. V.1.a) including the related legal consequences and the conclusion of a new contract according to No. I. of these Terms of Business and Transport. If a rebooking only changes the destination without changing the date of the flight, a cancellation fee according to No. V.1.a) shall not be charged. Instead of the cancellation fee a lump-sum compensation called rebooking charge of EUR 500,-- plus VAT shall be billed. The Charterer may proof that EFD did not suffer any loss or a lower damage in order to pay a lesser amount than the lump-sum amount. EFD reserves the right to file additional claims.
3. EFD is not obligated to accept rebookings. After the beginning of the flight EFD can deny a rebooking especially if because of the rebooking the statutory regulations regarding rest periods of the crew cannot be complied. If the flight route changes because of a rebooking during the flight the price of the flight depends on the relation of the necessary flight hours of the formerly arranged flight and the really necessary flight hours considering the rebooking. In such cases EFD shall bill at least the formerly arranged price. If, contrary to the formerly arranged flight, an intermediate landing takes place on demand of the charterer, the charterer shall pay all costs related to this additional landing.
VI. Termination of the flight, alternate landings, intermediate landings
1. If EFD is not able to fulfill its obligations out of the contract because of a technical or an operational failure of the aircraft or because of force majeur (especially because of the weather conditions at the destination or at the air route) after the beginning of the flight, the charterer shall be obligated to pay an adjusted price which depends on the relation of the necessary flight hours of the formerly arranged flight and the really necessary flight hours plus all additional expenditures of EFD.
2. If a landing at the destination airport is not possible and an alternate landing is necessary because of force majeur (especially because of the weather conditions at the destination or at the air route) EFD shall neither bear the costs of the passengers reforwarding to the formerly arranged destination nor other costs occurring because of the alternate landing. The charterer shall be obligated to pay an adjusted price which depends on the relation of the necessary flight hours of the formerly arranged flight and the really necessary flight hours plus all additional expenditures of EFD.
3. If a landing at the destination airport is not possible and a flight back to the start airport is demanded by the charterer or necessary because of force majeur (especially because of the weather conditions at the destination or at the air route) the charterer shall be obligated to pay an adjusted price which depends on the relation of the necessary flight hours of the formerly arranged flight and the really necessary flight hours plus all additional expenditures of EFD. In this case, the flight hours are made up of the totally covered distance i.e. the bidirectional flight.
4. If a landing at the destination airport is not possible because of force majeur (especially because of the weather conditions at the destination or at the air route) and an intermediate landing is necessary, the charterer shall be obligated to pay all additional costs occasioned by the intermediate landing.
VII. Delays caused by the charterers behaviour
The charterer shall compensate EFD for demurrage charges incurred at the respective airport and reimbursement of expenses, if the chartered aircraft is kept waiting beyond the contracted departure time because the booked passengers, their baggage, or freight shipments are not available on time for the scheduled departure, or if the appropriate travel or other necessary documents are missing or lacking because of acts or omissions by the charterer or its empoyees or agents or the passengers. Additionally, the charterer has to compensate EFD for all further proven costs which occurred due to the failed transportation or delay.
VIII. Transportation of dangerous goods and any other objects
No dangerous goods that may endanger the aircraft or passengers shall be carried on board. Passengers shall, prior to boarding the aircraft, check their carry-on and checked baggage versus the list of forbidden items provided. Passengers carrying any dangerous goods on their person or in their baggage, as defined under § 27 par. 4 of LuftVG (German Air Traffic Act), especially weapons or similar objects, shall notify the captain accordingly before boarding the aircraft. The captain shall rule on how these goods are to be transported. He is authorized to refuse transportation if a safety-risk for passengers or the aircraft is suspected. Any luggage will be admitted as carry-on luggage only if considerable damages, dirt and danger for passengers and the aircraft are impossible.
IX. Captains authority
The captain of the aircraft is authorized to take all necessary safety precautions. Accordingly, the captain is fully competent to decide on the payload, seating capacity, passengers, their belongings, and the loading, unloading, or distribution of baggage and freight. The captain shall similarly decide on if and how the flight is to be flown, deviations from the flight plan, and where to land. Furthermore, the captain may refuse to carry passengers without reservations, or cancel or divert a flight if the conduct of (a) passenger(s) is deemed to adversely affect the safety and personal rights of other passengers. In such an event, the charterer shall pay the contractual charter fee plus any extra costs incurred for measures taken to address the situation at hand.
X. Transportation and travel documents
EFD shall organize the transportation documents. The charterer shall provide EFD with a complete passenger list and forward all necessary information and documentation not later than 24 hours before departure. The charterer shall submit correct and complete information to EFD, and also ensure that the passengers hold and fulfill all travel documents/requirements such as passports, visas, vaccination documents, etc. The charterer shall bear the costs for any damage or delay arising from incorrect, incomplete, or improper information or documents. The charterer is liable for compliance with the valid exchange control and health regulations.
1. If EFD and the people acting on behalf of EFD take all reasonable measures, EFD shall not be liable for cancellation or delay of a flight arising especially from events beyond its control, hindrances caused by the authorities or third parties, strikes, lockouts, and war or warlike situations, unless EFD is directly responsible for the cancellation/delay or has acted with an act of gross negligence or wilfully. Furthermore, EFD shall not be liable for actions of other airlines, security clearance and handling firms and their vicarious agents, or for personal belongings left onboard by the passengers. In addition to this, EFDs liability for damages of the passengers life, health and body complies with the statutory rules. The exclusion and restriction of EFDs liability will apply analogously for EFDs representatives, employees and any other person.
2. The charterer is unlimitedly liable for damages to the aircraft or the interior, also without the passengers fault being proved. The same is applicable for the crew being deployed by the charterer. The charterers liability is independent of a liability agreement between charterer and passenger or crew.
XII. Governing law, Jurisdiction
1. If the charterer is a businessman, a public institution, or a public separate estate, jurisdiction for any disputes that arise shall be exclusively in Stuttgart, Germany.
2. This contract shall be governed by the Laws of Germany.
XIII. Non-binding translation
In case of doubt, the German text of these Terms of Business and Transport shall prevail.
If any provision of these Terms of Business and transport is declared or becomes void, the remaining provisions shall continue in full force and effect. The parties agree to replace invalid provisions by valid provisions most closely approaching the invalid provisions.