CHARTER SALES GENERAL TERMS AND CONDITIONS
The following Charter Sales General Terms and Conditions are part of the Charter Flight Quotation. Changes to hese terms are valid only when confirmed in writing by Business-Express Luftfahrt GembH.
1. Scope
The subject of this contractual agreement is the transport of passengers and/or goods from the point of departure to the point of destination as stated in this quotation.
2. Parties
Signature of this quotation shall, in the absence of any prior agreement to the contrary, signed by both the Customer’s passengers, whether personally or through the agency of the Customer, and Business-Express GmbH, constitute a contract of carriage between the Customer and Business-Express. The Customer acknowledge on behalf of its passengers, and hereby warrants its authority to give such acknowledgement on their behalf, that no contract of carriage will exist between the Customer’s individual passengers and Business-Express, notwithstanding the issue to them of a passenger ticket by Business-Express.
3. Time frame
This quotation shall, prior to acceptance thereof and the constitution thereby of a contract, remain open to acceptance for three weeks.
4. Aircraft specific
This quotation is aircraft specific and is thus subject to aircraft availabilityBusiness-Express reserves the right to at any time provide the customer with another similar aircraft at the same cost should the offered/booked aircraft be unavailable. If no aircraft can be found Business-Express reserves the right to cancel the order.
5. Currency
This quotation is stated in the currency as indicated on page 1. This quotation is subject to exchange rate fluctuations. For the purpose of this quotation the exchange rate used is that of the date of this quotation.
6. Fuel Price
This quotation is subject to industry and related fuel price fluctuations.
7. Inclusive
This quotation includes the following:
• Aircraft costs including crew, fuel and maintenance
• Air navigation and airport charges
• Crew allowances
• Crew accommodation and surface transportation
• In-flight catering
• Passenger and cargo insurances and taxes
8. Exclusive
This quotation excludes the following:
• Fuel and Insurance Surcharges
• De-icing of aircraft
• Special catering requests such as caviar and special wines or spirits
• Any other special requirements such as limousine and satellite phone
• War risk insurance
• Car escort to and from the aircraft
• Credit Card Surcharges
The cost of the above will be invoiced separately at cost, and reimbursed to Business-Express by the Customer.
9. En-route changes or delays
Busienss-Express reserves the right to at any time postpone or redirect the flight or provide the customer with another similar aircraft at the same cost in the event that the flight cannot be performed with the offered/booked aircraft due to war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, weather conditions or other force majeure of any nature, technical reasons, detention or similar measures, accidents with aircraft or due no other factors over which Business-Express has no control or when the safety of the passenger or the crew from the aircraft can reasonably be assessed to be in danger at the discretion of the captain or of Business-Express personnel. Unless stated otherwise in mandatory (indispensable) legislation. Business-Express is not responsible for damage or loss as a result of or arising, directly or indirectly, in connection with the above mentioned circumstances. In the event that the above happens before the first leg of the flight stated in this quotation started and no suitable solution can be found, Business-Express reserves the right to cancel the order. In this case, Busienss-Express shall credit the charterer with an amount corresponding to the flight in question minus all expenses already incurred.
In the event that the above happens en-route, any cost arising from such changes or delays will be invoiced separately at cost and shall become payable by the charterer, excluding the cost of repairing the aircraft, but including the cost of arranging an alternative aircraft. If all cost (including the positioning flights back to the homebase) and expenses already incurred are smaller than the amount relating to the flight in question, Busienss-Express shall credit the charterer .
10. Passenger and Cargo Entry Documents
Business-Express takes absolutely no responsibility with the regard to visa requirements of its passengers. Should there be any levy due to the lack of required entry documents of passengers or cargo the customer will be billed for such costs.
11. Terms of Payment
The customer shall make payment at the latest 48 hours prior to departure by bank transfer to the following
bank account:
Bank für Vorarlberg und Tirol
Bank code: 16300, account no.: 128038426
BIC: BTVAAT22, IBAN: AT721630000128038426
12. Cancellation Fees
Should a confirmed flight be cancelled a cancellation fee will be levied as follows:
Cancellation up to 10 days before the flight: 10%
Cancellation up to 24 hours before the flight: 50%
Cancellation between 24 hours and departure of the flight: 70%
Cancellation after take off (incl. positioning flights): 100%
13. Brokerage
Should Business-Express fly by order of a third party (brokerage), the broker and the customer are jointly and severally liable to Business-Express for the fulfilment of all payments. Business-Express offers to brokers are net and do not include any commission.
14. Passenger Baggage
Passenger baggage weight is limited for flight safety reasons and varies in between aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft.
15. Prohibited or Dangerous Goods
Dangerous goods must be declared as per dangerous goods regulations. Goods must be packaged and marked correctly according to the appropriate authorities. Copies of the relevant regulations are available from Business-Express on request.
16. Smoking
Smoking may be prohibited on some Business-Express flights depending on the individual aircraft.
17. Indemnification
The Customer hereby indemnifies Business-Express from any claim or damage which Business-Express may suffer from the flight, other than claims or damage caused by Business-Express’ own negligent or wilful misconduct.
18. Variance
Should any terms of this quotation be at variance with any charter; aircraft operations management; air transport; operations services; or charter agency agreement already concluded and signed between the Customer and/or the Customer’s passengers and Business-Express, the terms of such agreement shall prevail over these terms.
19. Severability
Should any one or more clauses of these terms be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.
20. Applicable Law
These terms are governed by and construed in accordance with the laws of Austria, and are performable in Vienna / Austria.
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