General terms and conditions of Eisele Flugdienst GmbH
– 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 EFD’s 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:
- If the Charterer cancels the contract up to 72 hours before the scheduled departure he has to pay a cancellation fee in the amount of 30 % of the charter fee.
- If the Charterer cancels the contract up to 24 hours before the scheduled departure he has to pay a cancellation fee in the amount of 50 % of the charter fee.
- If the Charterer cancels the contract less than 24 hours before the scheduled departure he has to pay a cancellation fee in the amount of 90 % of the charter fee.
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
- insolvency proceedings on the charterer’s assets are instituted or applied or another significant deterioration of the charterer’s financial circumstances occurs,
- the charterer does not provide demanded securities,
- the realization of the flight is unacceptable for EFD because of other reasons which are caused by the charterer’s personality or his behaviour.
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
- the German Department of Foreign Affaires after conclusion of the contract has published current travel advisories or security advisories to the destination, which may result in a threat for the aircraft or the passengers, or
- foreign authorities do not give necessary visas for employees of EFD, landing rights or overflight rights without any liability of EFD or
- a flight or a landing at the destination airport is not possible or an alternate landing on another place is necessary because of the weather conditions at the destination or at the air route.
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 charterer’s wish after the contract’s 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 charterer’s 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. Captain’s 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, EFD’s liability for damages of the passengers life, health and body complies with the statutory rules. The exclusion and restriction of EFD’s liability will apply analogously for EFD’s representatives, employees and any other person.
2. The charterer is unlimitedly liable for damages to the aircraft or the interior, also without the passenger’s fault being proved. The same is applicable for the crew being deployed by the charterer. The charterer’s 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.