FAI rent-a-jet AG | Nuremberg | Flughafenstrasse 100 (GAT) | D-90268 Nuremberg | Phone: +49-911-3 60 09-0 | E-Mail: info@fai.ag

FURTHER TERMS AND CONDITIONS

§ 1. Charter

Carrier shall charter and Customer shall take on charter the Aircraft on the terms and conditions herein contained.

§ 2. Aircraft and Crew

Carrier shall provide the Aircraft for Customer’s use, properly equipped, manned and fuelled. The crew, who shall be Carrier’s employees, servants or agents, shall, except as otherwise provided herein, fly the Aircraft on the Flight Scheduled during the period specified in the Charter Agreement which is made subject to these Further Terms and Conditions ("the Charter Agreement").

§ 3. Carrier´s Discretion

Save as provided in §9 hereof, if the Aircraft shall for any reason whatsoever (whether before or after commencement of the Flight Schedule) become incapable of undertaking or continuing the Flight Schedule (or any portion thereof), Carrier may, at its discretion, substitute therefore an aircraft of the same or another type and the provisions of this Agreement shall apply mutatis mutandis to the substituted aircraft. If Carrier does not elect to substitute another aircraft, it shall notify Customer as soon as possible and shall be relieved of its obligations to provide the Aircraft for the Flight Schedule (or any portion thereof) which can no longer be undertaken by reason of the incapacity of the Aircraft and Carrier shall not be under any liability to Customer other than to refund to Customer such part of the Charter Price which relates to the cancelled Flight Schedule (or any portion thereof).

§ 4. Captain´s Discretion

The Captain of the Aircraft (the “Captain”) shall have absolute discretion to decide on safety grounds as applied by the aviation authority having jurisdiction over the Aircraft and its operation to decide what load, including the number of passengers, may safely be carried in the Aircraft on any particular flight and how such load shall be distributed, whether and when a flight may be safely undertaken and when and where the Aircraft shall be landed. All such decisions of the Captain shall be final and binding on Customer and Carrier. Carrier shall not be liable to Customer for any loss, damage, costs or claims of whatsoever nature and howsoever arising as a result of any such decision by the Captain.

§ 5. Additional Crew

The Flight Schedule specified in Clause 2 of the Charter Agreement has been prepared to take account of relevant statutory and other official flight time limitation requirements. Carrier reserves the right to make additional charges if, for reasons beyond Carrier’s control, it is necessary to provide additional crew or position replacement crew to continue the Flight Schedule and Carrier will have no liability or responsibility to Customer or any other party for any delay to passengers, baggage or cargo so occasioned.

§ 6. Loading and Packing

The amount and weight of accompanied baggage shall be at Carrier’s discretion. The following or like articles, namely firearms, explosives, combustible materials and live animals may be carried only with Carrier’s prior knowledge and consent which may, in its absolute discretion, be withheld and subject to the consent and licence of any relevant governmental or regulatory authority having jurisdiction. Carrier may inspect and examine any baggage or cargo belonging to any passenger whether accompanied or not. Furthermore and without prejudice to the foregoing, the Carrier may refuse to carry any baggage considered by the Captain or by any other responsible employee, servant or agent of Carrier to be unsuitable for carriage by air whether by its nature or any applicable laws or regulations of any country to, from or over which the Aircraft may be flown.

§ 7. Charter Price

Customer shall pay to Carrier the Charter Price specified in Clause 4 of this Agreement in the manner herein provided and shall be responsible for, and pay Carrier on demand, any other additional expenses incurred by reason of any further request of Customer. Time shall be the essence of the Aircraft Charter Agreement and non‐payment of any due amount shall entitle Carrier to suspend or cancel the Flight Schedule (or any portion thereof) without warning or liability and without prejudice to Carrier’s right to claim from Customer any and all monies remaining unpaid or becoming due to the Carrier consequent upon such suspension or cancellation.

§ 8. Carrier’s Protection against Increased

The Charter Price is based on Carrier’s costs, charges and expenses at the date hereof. In the event of any increase of such costs, charges and expenses of whatsoever nature and howsoever arising between the date hereof and the completion of the Flight Schedule, Carrier shall be entitled to increase the Charter Price by a sum equal to any extra amount incurred, or to be incurred, in completing the Flight Schedule as a result of any such increase in any such costs, charges or expenses. Any amounts payable by Customer pursuant to this Agreement shall be notified to Customer as soon as reasonably practicable and shall be paid by Customer according to the Payment Conditions clause of the Charter Agreement.

§ 9. Non‐performance or Delay

(a) In the event of non‐performance or delay caused by any circumstances whatsoever beyond the reasonable control of Carrier including, but not limited to, the actions of third parties, labour difficulties, force majeure (including but not limited to inclement weather) or technical breakdown or accident to the Aircraft or any part thereof or any machinery to be used in relation to the Aircraft, Carrier shall use its reasonable endeavours to perform or continue the Flight Schedule but otherwise shall have no liability to Customer or any passengers for such non‐performance or delay and any time so lost shall not count in computing.

(b) Notwithstanding §9(a), Customer shall be liable to pay Carrier such portion of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed together with all passengers expenses and any additional charges payable by Customer pursuant hereto.

§ 10. Additional Flight(s)

If Customer requests the use of the Aircraft for any flight(s) or changes in any flight other than as specified in the Flight Schedule at Clause 2 of the Charter Agreement, without prejudice to Carrier’s absolute right to refuse such request, if Carrier agrees to perform any such flight(s) Customer shall, on demand, pay to Carrier in respect of such flight(s), such sum(s) as Carrier shall notify to Customer as the amount for such additional flight(s) or changes together with all fees and charges incurred, arising from, or in connection with Carrier’s performance of each additional flight including, without prejudice to the generality of the foregoing, landing fees, hangarage fees, parking fees, navigation fees, ground service and handling fees, customs duties and fees, airport surcharges, accommodation, meals and refreshment charges for passengers and crew and all other associated expenses thereby incurred.

§ 11. Diversions

If, for reasons of safety or security or other operational reasons not being the fault of Carrier or attributable to Customer or any passengers, the Aircraft is diverted from any scheduled destination specified in the Flight Schedule, Carrier shall use its reasonable endeavours to procure that, as soon as reasonably practicable after arrival at such alternate destination, the Aircraft is flown to its scheduled destination. Carrier shall have no liability or responsibility to Customer or any other party for any delay to passengers, baggage or cargo so occasioned.

§ 12. Termination by Either Party

Subject to §13 and §14 hereof, a party may terminate this Agreement, by giving written notice to the other; (a) at any time before the time specified for the commencement of the first journey set out in the Flight Schedule or, if after such first journey, not later than 3 months prior to the end of the Flight Schedule; or (b) at any time if the other party commits any breach of this Agreement or commits an act of bankruptcy or becomes insolvent or enters into any arrangement or composition with its creditors or, being an individual, dies or, being a partnership, is dissolved or being a corporation, passes a resolution or has a petition presented for winding up (otherwise than for the purpose of merger or reconstruction only) and where capable of remedy, the same is not remedied within 10 days upon receipt of notice from the other party or has a receiver or administrative receiver appointed over its assets or an administrator is appointed to it.

§ 13. Termination by Carrier

If this Agreement is terminated by Carrier: (a) pursuant to §12(a) hereof, then Customer shall not be liable to pay the Charter Price and Carrier shall repay to Customer the Charter Price (or any portion thereof) made by Customer but shall be under no further obligation or liability to Customer by reason of such termination; or (b) pursuant to §12(b) hereof, then Customer shall be liable to pay to Carrier any amounts calculated in accordance with the Charter Agreement (including the appropriate cancellation charges if appropriate) and additional charges and expenses payable by Customer pursuant hereto and Carrier shall be entitled to retain any Security Deposit as unliquidated damages and not as a penalty and thereafter Carrier shall be under no further obligation or liability to Customer by reason of such termination. Any termination by Carrier pursuant to this §13 will be without prejudice to its rights under this Agreement then accrued or in respect of the matter leading to termination (and in particular without prejudice to its rights under §18 hereof).

§ 14. Termination by Customer

If this Agreement is terminated by Customer: (a) pursuant to §12(a) hereof, then Customer shall, without prejudice to any other payment obligations of Customer hereunder, be liable to pay to Carrier applicable amounts due according to the terms contained in the Charter Agreement; and (b) pursuant to §12(b) hereof, then Customer shall be liable to pay to Carrier such portion of the Charter Price as shall be proportionate to that part of the Flight Schedule which has been performed together with any additional charges and expenses payable by Customer pursuant hereto and Carrier shall return any Security Deposit to the Customer.

§ 15. Documents/Information and Delivery by Customer

Carrier shall supply and complete such documents relating to the carriage undertaken pursuant to this Charter Agreement as Carrier in its absolute discretion shall consider necessary and, when requested by Carrier, Customer shall give to Carrier in good time all information and assistance required to complete such documents. Customer represents and warrants that all passengers will hold all necessary passports, visas, health and other certificates necessary to secure transit through any intermediate points and entry into the country of destination of the flight. In the event that any immigration authorities refuse entry to any passenger(s) and Carrier is required to transport such passenger(s) to the point of origin of the flight or to any other point then the cost of so doing shall be payable by Customer to Carrier immediately upon demand. Where notices or information are delivered to Customer or its agents by Carrier for distribution to passengers Customer warrants and undertakes to Carrier that it will effect delivery of such notices or information to the passengers at a reasonable time prior to the commencement of the Flight Schedule and shall indemnity Carrier against all liabilities, costs and expenses which result from any failure by Carrier to effect such delivery.

§ 16. Laws and Traffic Regulations

(a) The Aircraft shall be used only in compliance with the laws and regulations of the relevant authorities of the United Arab Emirates or any other country to, from or over which the Aircraft is flown. Carrier shall, at its own expense, apply for and use its reasonable endeavours to procure the grant of all licences or permits required by the laws of the United Arab Emirates and of any other country to, from or over which the Aircraft is to be flown for the performance of the Flight Schedule.

(b) Customer will comply with and shall use its best endeavours to cause all passengers and owners of goods or other persons having an interest in goods carried in the Aircraft to observe and comply with all traffic regulations of Carrier and all customs, police, public health and other laws and regulations which are applicable in the countries in which flights are originated, landings are made or over which flights are made.

§ 17. Liability of Carrier

Carrier does not undertake any carriage as a common carrier or accept the obligations of a common carrier. Carrier does not accept any liability whatsoever (including without limitation consequential loss) whether for delay of, passengers or loss of, damage to, or delay of, baggage or cargo whether arising in contract or in tort, including negligence or otherwise, and whether occasioned by Carrier, its employees, servants or agents (any such liability being hereby excluded) save in respect of liability for death or personal injury. If the Flight Schedule involves a destination or stop in a country other than the United Arab Emirates: (a) in respect of carriage governed neither by the Warsaw Convention 1929 nor by the Montreal Convention 1999, except to the extent that applicable law may otherwise require: (i) the Carrier's liability in respect of injury shall only extend to bodily injury, and the Carrier shall not be liable for mental injury; (ii) the Carrier's liability for checked and unchecked baggage shall be limited to 1,000 Special Drawing Rights per passenger and for cargo it shall be limited to 17 Special Drawing Rights per kilo; (iii) the Carrier's liability for delay of passengers shall be limited to 4,150 Special Drawing Rights per passenger; (iv) any right to damages in respect of the death or injury of a passenger or loss or delay of or damage to baggage or cargo shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived or from the date on which the carriage stopped. (b) the Customer shall give the Carrier promptly all information and assistance necessary to enable the Carrier promptly all information and assistance necessary to enable the Carrier to complete all necessary passenger tickets baggage checks and air waybills and shall distribute tickets and baggage checks to the passengers if required by the Carrier; and (c) the Customer shall be responsible for any immigration and customs charges; and (d) The Customer will ensure that all passengers hold all necessary passports, visas, health certificates and other similar documents and will be responsible for any costs of repatriation or detention which may be incurred including in particular (without limitation) any payments required under any applicable legislation or laws in the Emirate of Abu Dhabi, the United Arab Emirates or any other place having jurisdiction. (e) the Carrier will increase its liability to the Customer in respect of checked baggage to an amount over and above the limits referred to in §17(a) above only in the event that at the time the Customer hands over its baggage to the Carrier, the Customer and the Carrier agree on the amount of liability and the Customer pays an additional charge calculated by the Carrier to reflect any additional liability agreed by its Carrier to reflect any additional liability agreed by its Carrier.

§ 18. Indemnity

Customer shall indemnify (on a full indemnity basis) Carrier against all claims, costs and expenses (including legal fees and costs) in respect of any: (a) liability of Carrier to third persons (including but not limited to passengers, consignors and consignees) for any loss or damage of whatsoever nature arising out of the negligence, wilful misconduct or any act or omission of Customer, its servants or agents or any passenger carried by authority of Customer; and (b) loss or damage of whatsoever nature suffered by Carrier, its employees, servant or agents, or to any equipment (including the Aircraft) belonging to Carrier, its employees, servants or agents arising out of the negligence, wilful misconduct or any act or omission of Customer, its servants or agents or any passenger carried by authority of Customer and whether tortious or constituting a breach of this Agreement.

§ 19. Notices

Any notice required to be given hereunder shall be given by sending the same by facsimile, prepaid post or by hand delivery to the address of the addressee shown in this Agreement or to such other address as either party may notify to the other for this purpose. If sending by facsimile, notice shall be deemed to have been given at the time of dispatch and if sending by post, notice shall be deemed to have been given on the day on which it would have been received in due course of post.

§ 20. Changes in Agreement and Waiver

Alterations and additions to this Agreement will only be binding if made in writing and signed by the parties. Charterer cannot rely on any verbal undertaking from or given in the name of Carrier which is different from or additional to the terms and conditions of this Agreement. The rights of neither party shall be prejudiced or restricted by any indulgence or forbearance granted by it and no waiver of any breach shall operate as a waiver of any other or further breach.

§ 21. Applicable Law

This Agreement shall be construed in accordance with the laws of Germany. FAI’s General Terms and Conditions shall apply. The parties hereto submit to the exclusive jurisdiction of Nürnberg, Germany.

General business terms and conditions

§ 1 Scope

• These terms and conditions of transport shall apply for each transport of passengers, baggage and freight carried out by FAI as air carrier including all associated services, which are carried out for the air fares agreed in connection with these terms and conditions of transport. The terms and conditions of transport shall also apply for transport, free of charge, insofar as nothing else can be derived from these terms and conditions of transport.
• In the event that passengers or baggage are transported based on an agreement reached between FAI and a charter company, then the transport is also subject to these terms and conditions of transport. The charter company, that accepts a transport following a quotation from FAI, will be subject to these terms and conditions of transport and undertakes to inform the passengers named by him for transport about the terms and conditions of transport, in particular of restrictions in liability. He acknowledges the terms and conditions of transport including the restriction in liability upon conclusion of the contract of transport.
• Copies of the terms and conditions are posted in the business premises of FAI and are available for inspection in the aircraft of FAI.

§ 2 Authoritative law / Warsaw Convention

• Each transport performed by FAI and all other services performed by them shall be subject to the respective applicable laws of the Federal Republic of Germany, in particular, the Aviation Law and the official regulations on air traffic, as well as other regulations and stipulations laid down by the government. The corresponding national and international laws of the country or countries concerned shall apply for cross-border traffic, even insofar as these laws and regulations are more restrictive than those of the Federal Republic of Germany.
• Transport carried out in cross-border traffic in accordance with these terms and conditions of transport is subject to the terms of liability on the transport in international aviation contained in the Warsaw Convention (Hague Protocol) if it concerns a transport, in which the place of departure or destination (no matter whether an interruption of the transport or a change of aircraft takes place or not) is according to the agreements of the parties either in the regions of two of the parts of the Convention entering into the agreement or these cities are indeed located in the region of just one of the contractual parts, however a stopover is planned in one region, which is subject to the sovereignty or the supremacy, the mandated power or the control of another state, even if this state is not a member of the Convention.

§ 3 Transport agreement

• The offers of FAI are all without commitment. The transport agreement is entered into for a certain route through the offer and confirmation of price.
• When booking a flight or a charter flight the passenger or charter company must state the desired route, flying time, number and names of the passengers, scope of baggage and freight, flight data and possible special requests.
• Insofar as between FAI and the passenger or the charter company no agreements to the contrary are made, the prices contained in the current actual price list of FAI will apply for the transport of passengers, baggage and freight.
• Following the reservation of the passenger or charter company the transport agreement will only be deemed as having been concluded after written order confirmation by FAI. The written order confirmation applies as a plane ticket in accordance with Art. 3 of the Warsaw Convention (collective plane ticket).
• Insofar as the charter company sells seats to third parties, they undertake to inform FAI of this in writing immediately before execution of the flight. Even when notification is given the contract will only be concluded between FAI and the charter company.
• Insofar as nothing else has been agreed between the contractual parties, the air fare includes all costs for the conveyance of the passenger including baggage or freight.
• The contractual parties may also agree to settle the price according to the flying hour price plus landing and check-in fees contained in the current actual price list of FAI according to the times actually flown and the destinations flown to. In this case, the transport agreement is entered into by stipulating the agreed route with reference to the settlement according to the flying hour price. Insofar as nothing else is agreed, flying time in this type of settlement which is agreed shall be the whole time from the point in time, at which the aircraft of FAI rolls to the location at the location Nuremberg using its own or foreign power, until the point in time at which it comes to a standstill at the end of a flight at the destination airport (block period).
• FAI is to be informed by the passenger and/or charter company of any requested changes to the booked route no less than 72 hours before the planned departure. In this case, the additional costs caused due to the revocation of the original route will be charged to the passenger or charter company. FAI will fix the new price in accordance with the prices applicable for the new route according to the price list. Should there be an essential (more than 10%) reduction in the transport price compared with the original air fare due to the reduction in the route, then FAI is entitled to assert compensation for the missed part. The route subsequently changed by the charter company must remain within the legal and technical stipulations in particular to the stipulations caused by the aircraft used. Insofar as the route desired by the charter company cannot be executed by FAI, then FAI will submit counter proposals. Should the charter company insist on the unenforceable route, then FAI shall be entitled to terminate and to assert compensation. The scope of claims for compensation is determined according to § 10.
• Subject to a provision to the contrary in these provisions the rights of the passenger and/or charter company from the concluded transport agreement may not be assigned to third parties without the consent of FAI.
• FAI is entitled to assign the obligations from concluded transport agreements, in particular the agreed conveyance of passengers, baggage or freight to another air carrier with a fault releasing effect. The other air carrier has to take over the rights and obligations and the full contents from the concluded transport agreement between FAI and the passenger or charter company. In this case, FAI shall only act as mediator for the air services, not however as air carrier itself. The passenger or charter company is to be notified of the assignment of the transport agreement to an air carrier before commencement of the journey immediately after assignment of the transport agreement. A violation of this obligation does not however result in the invalidity of the assignment.

§ 4 Processing of the transport

• FAI shall make every effort to transport passenger, baggage and freight properly and on time.
• Flight times and transport times given by FAI cannot be guaranteed, but are only agreed as estimated times of flight, arrival and departure. Insofar details given are neither guaranteed by FAI nor do they form fixed times or fixed dates. Postponements and delays cannot be excluded due to the special features of aviation, in particular, the existing over-capacity of air space and airports.
• FAI shall not be responsible for interferences to the service, which impair and/or render impossible the performance of the transport agreement, if these are due to events, upon which FAI has no influence. This shall, in particular, include adverse weather conditions, over-capacities of airspace or airports, natural phenomena, force majeure, strikes, riots, civil unrest, embargos, war, animosities and upsurge. In each case it does not matter whether the occurrence is directly imminent or has already happened, a claim, stipulation, an incident or a predicament can be derived indirectly or directly from the occurrence or indirectly and also whether the occurrence could have been foreseen, expected or forecast and finally whether regulations, claims and stipulations of a government or other power occur or are due to a lack of employees, operating materials, facilities or other difficulties with work of other persons or companies, which are not vicarious agents of FAI. FAI shall not assume liability for this insofar as the passenger or the charter company suffer damages in these cases. Insofar as due to such an occurrence diversions or other additional services, and other changes to the transport services of FAI are necessary, then these are to be charged to the passenger or charter company separately and to be remunerated to FAI.
• In the event that the type of aircraft envisaged in the charter agreement not be available for technical reasons, then FAI is entitled to use another aircraft. FAI will make every effort to use an aircraft which shall as far as possible be similar in regards to equipment and size to the aircraft originally agreed.
• Should it be necessary due to weather or other unforeseeable events to fly to another destination airport than the one agreed FAI shall assume no costs for the further transport of the charter company or the freight for each single flight to the agreed destination. The same shall apply for the return flights to the airport of departure. FAI undertakes to inform the charter company immediately should it be known already before the outward flight to the destination airport that it will be necessary to fly to another airport than the airport requested by the charter company. The charter company may cancel the flight.

§ 5 Transport restrictions

• FAI is entitled to refuse the transport of each and any passenger, to rescind the transport agreement or to exclude him from further transport at a stopover, if FAI decides according to their best judgement that
  • the measure is necessary for reasons of security,
  • the measure is necessary to avoid the violation of any decisive laws, regulations or decrees of a state or country, from which is flown, or flown to or flown over,
  • the behaviour, the condition, the age or the mental and physical state of the passenger is such that he
    • requires special support from the FAI
    • causes unpleasantness and pesters other passengers
    • represents any dangers for himself or for other persons or their property,
  • the passenger does not follow the proper instructions of the FAI employees,
• FAI reckons with a maximum of 20kg baggage for each registered passenger. Should the weight of the baggage carried for each passenger be higher, then FAI is to be notified of this in advance in writing. If the volume of baggage is exceeded without prior notification FAI is entitled to refuse to transport the excess baggage owing to a possible risk of overcapacity of the aircraft.
• The charter company is responsible for ensuring that each of its passengers is in the position to undertake the booked flight due to his age or mental or physical condition without damage to his body and spirit. FAI does not undertake to examine the health condition of the passenger. The passenger himself carries the exclusive risk for injuries, illnesses, physical disabilities ensuing from this including death.

§ 6 Baggage and freight

• The baggage has to be properly packed in cases or similar containers, in order to be able to guarantee a safe transport with the usual due care and attention. Fragile or perishable objects, money, jewels, precious metals, securities, stocks or other valuables, business papers or samples will not be accepted as baggage, for checking in and neither may it be contained in the baggage, which is checked-in. The employees of FAI do not undertake to ask the passengers about the contents when the baggage is checked in, insofar as there is no obvious reason to do so.
• FAI has the right, but not the obligation, in the presence of the passenger, to determine the contents of the baggage or if the baggage is not accompanied to open it and to check at the same time whether the passenger is present or not.
• Hazardous, fragile or unsuitable baggage and freight, i.e. objects, which may pose a hazard to the aircraft, persons or objects, which may suffer damages by air transport, which are not properly packed or their transport is forbidden due to laws, regulations or decrees of a state, from which, in which or over which region the air transport shall take place, may not be carried by the passengers in their baggage. Should, in the opinion of the FAI personnel, the baggage not be considered suitable for transport in the aircraft due to its weight, its size, or its type FAI shall be entitled the refuse the transport or further transport. The following objects will only be carried as baggage with the prior written consent of FAI:
  • firearms, cutting and stabbing weapons, as well as spraying appliances, which are used for purposes of attack or defence,
  • ammunition and explosive substances,
  • fluids
  • objects, which in their outer form or marking give the appearance of being weapons, ammunition or explosive substances.
  • live animals, including birds and reptiles.

  A transport of these objects may only be considered in accordance with the provisions on the transport of these hazardous goods.

• FAI is to be informed of damages to baggage immediately in writing and indeed immediately after they are discovered, however no later than 7 days after receipt of the baggage.

§ 7 Observance of administrative formalities

• The passenger undertakes to conform to all laws, regulations, decrees, requirements and travel regulations of the countries, which are flown over or flown to or from which are flown from. Furthermore, the passenger has to conform to all rules, regulations and instructions of the FAI personnel.
• FAI shall not be liable ? insofar as permitted by law ? for auxiliary services or information, which an agent or an employee of FAI has given to a passenger in procuring the necessary papers or the conformity with the laws to be considered, regulations, decrees, requirements, travel provisions or instructions, no matter whether these have been given verbally, in writing or in any other form. Furthermore, FAI shall not be liable for consequences suffered by a passenger from failure to procure the necessary papers or from the non-observance of the applicable laws, regulations, decrees, requirements, travel provisions or instructions.
• The passenger must present the entry exit papers and other documents which are laid down by the laws, regulations, decrees, requirements or stipulations of the applicable countries. FAI is entitled to refuse the transport of each passenger, who has not complied with the decisive laws, regulations, decrees, requirements or stipulations and whose documents are incomplete. FAI shall not assume liability for the passenger for losses or costs, which may be incurred for the passenger not complying with these provisions. The passenger undertakes to pay the applicable airfare according to the decisive laws and provisions if FAI has to take the passenger to his starting point or another location by order of his government because the passenger is not permitted entry to a country (transit country and country of destination). The passenger shall be liable for all damages incurred, in particular penalties, fines and expenses, which FAI has to pay or deposit, because the passenger does not comply with the laws or regulations applicable to entry and exit, regulations, documents or travel provisions of the country concerned, or did not have the necessary documents available by way of these provisions. The passenger undertakes to reimburse all cash amounts which FAI has to pay or deposit.
• The passenger undertakes upon request to tolerate customs inspections carried out, i.e. to allow the inspection of his baggage and his hand luggage by customs officers or other government officers and to be present at the inspection.
• The passenger shall be liable for those damages incurred by not observing the afore-mentioned provisions.

§ 8 Insurance cover for passengers and baggage/liability limitation

• FAI shall assume liability for death, physical injury or other damages to health towards the passenger on the basis of the decree (EU) No. 2027/97 of the Council of 9 October 1997 on the liability of airlines in case of accidents and according to the provisions of the Warsaw Convention in the version of the Hague protocol (in the further agreement).
  • FAI shall assume liability for damages caused by killing, injury or damage to health of a passenger up to an amount of 100,000 special drawing rights (SDR) of the international monetary fund (this corresponds with approx. EUR 127,800.00) This liability shall exist independent of a fault on the part of FAI. FAI shall also assume liability for further damages, unless FAI can prove that FAI itself or its staff took all the necessary measures for preventing the damage or these measures could not have been undertaken. In addition to this, FAI is released from the liability either in whole or in part, if FAI can prove that the damages were caused by or partly caused by the negligence of the injured or killed passenger.
  • In the case of the injury of a person FAI shall pay an advance payment for satisfying the direct commercial needs, the amount of which depends on the gravity of the case, to the natural person entitled to compensation. This advance payment is in the case of a passenger being killed at least 15,000.00 SDR (this corresponds with approx. EUR 19,170.00). The payment does not include an acknowledgement of guilt and is to be set off against compensation to be paid if necessary. The advance payment is only then to be repaid, if FAI proves that the person entitled to compensation caused the damages at least negligently or caused it in part or had no entitlement to compensation.
  • FAI undertakes to insure the passengers against accidents. This insurance exists. The scope of the obligatory insurance can be seen from § 50 LuftVG (Aviation Law). Each passenger is thus insured for the event of death or the permanent incapability to work with EUR 20,000.00. For flights to Austria there shall be insurance cover from this insurance to the tune of EUR 40,000.00. There shall no longer be an entitlement to compensation insofar as benefits are paid from the accident insurance,
• FAI shall be liable according to the provisions of the Warsaw Convention for damages to baggage insofar as it concerns an international transport according to Art. 1 Sect. 2 of the convention or in the case of the national provisions according to the provisions of the German Aviation Law (LuftVG).
  • If the damages to objects in international air transport have been incurred according to the Convention, then the following limitations to liability shall apply:
    • for baggage checked in to the amount of 250 gold francs (approx. US$ 20.00) per kilogramme and
    • for baggage not checked-in to the amount of 5,000.00 gold francs (approx. US$ 400.00).

    The afore-mentioned liability limitations shall not apply, if the passenger proves that the FAI or their personnel caused the damages by gross negligence, wilful intent or in accordance with the Warsaw Convention carelessly or intentionally.

  • if the damages to objects have been incurred following a national air transport and shall the convention not apply, the following liability limitations shall apply:
  • for objects taken on board by the passengers and freight and baggage FAI shall be liable in the amount of EUR 1,700.00 for each passenger. In the case of the loss or the damage of transported goods FAI shall assume liability up to an amount of EUR 34.51 per kilogramme up to a maximum amount of EUR 51,129,19 per airplane/claim.
  • The liability of FAI is excluded for damages to baggage not checked in or to baggage, which was handed over to FAI on the ground for safe-keeping, insofar as the damages were not caused by FAI or one of their vicarious agents or assistances due to gross negligence or wilful intent.
• The liability for personal injury and/or damages to objects is in any case limited in amount to the proven damages, insofar as a lower amount of liability can not be derived from the afore-mentioned provisions. Liability for indirect, unforeseeable or consequential damages is also excluded for the case of gross negligence ? insofar as permitted by law ? insofar these damages were not caused by wilful intent or in the case that the exclusion of a liability for gross negligence is not permitted, caused by FAI through gross negligence. A proven damage is ? insofar as nothing to the contrary can be derived from these provisions ? only then to be replaced, insofar as the passenger himself or a person entitled to compensation, can not obtain compensation or corresponding benefits any other way for example from a statutory or private accident or medical insurance or an employment relationship.

§ 9 Terms of payment

• Invoices from FAI are due and payable net, without deduction, in advance after receipt.
• FAI is entitled to refuse to transport passengers, baggage and freight if the passenger and/or charter company has not paid the agreed transport charges or other surcharges, fees or taxes to be paid by the passenger and/or charter company before commencement of the journey or transport.
• A payment shall only then be deemed as having been paid, if FAI may dispose of the amount to be paid. In the case of cheques or bills of exchange the payment shall be deemed as having been made when the cheque or bill of exchange is cashed. FAI reserves the express right to refuse cheques or bills of exchange. The acceptance is always in payment. Discount and bill charges will be paid by the passenger / charter company and are due and payable immediately.
• Should the passenger / charter company be in default of payment, then FAI shall be entitled to charge interest to the amount of 1% per month beginning at the regarding point of time.
• FAI shall be entitled, despite provisions of the passenger / charter company to the contrary to initially set off payments against their older debts. The passenger / charter company furthermore gives their consent that all payments, which they pay, will as chosen by FAI first be set off against interest and other incidental charges and then against the transport charges.
• Should the passenger / charter company not fulfil their payment obligations, in particularly not cash a cheque or stop his payments or should FAI become aware of other circumstances, which question the creditworthiness of the passenger / charter company, FAI shall be entitled to make the total residual debt as due and payable, even if FAI has accepted cheques of bills of exchange. In this case FAI shall be entitled to demand advance payments or securities and to make the execution of current or future transport services dependent on this.
• The passenger / charter company is only entitled to set off, retention or reduction, even if complaints and counter claims are asserted, if FAI has approved this in writing, or if the counter claims have been determined uncontested or legally valid.

§ 10 Claims for compensation

• Insofar as FAI is entitled to claim for compensation, due to non-performance of the contract, in particularly according to § 3.7, the cancellation fees will be calculated as follows:
  • in the case of termination of the contract following a written confirmation by FAI a flat rate of 20% of the order total;
  • in the case of termination less than 72 hours before the planned departure flat rate 30% of the order total;
  • in the case of termination less than 48 hours before the planned departure flat rate 40% of the order total;
  • in the case of termination less than 24 hours before the planned departure flat rate 50% of the order total.

  In the amount of the cancellation fees it has already been taken into account, that no direct air operation costs are incurred.

  The customer and/or passenger are still entitled to prove that no or just less damages have been incurred.

• The liability of the air freight carrier for compensation due to non-performance is limited to the single transport price agreed in an individual case for the part of transport not performed, unless FAI is guilty of wilful intent or gross negligence.
• In the event that claims towards FAI ensuing from the transport agreement are asserted in court then these claims are to be asserted in court within a preclusive period of two years.

§ 11 Miscellaneous

• Insofar as the passenger / charter company is a full merchant, legal entity under public law or special assets under public law, the County or Regional Court of Nuremberg is agreed as court of jurisdiction for any disputes ensuing from the agreements and legal relationships associated with these for both parties according to the limits to the amounts in dispute. The same shall apply, if the place of residence or usual residence of the passenger / charter company is not known when the action is filed.
• Any verbal collateral agreements, supplements or changes to this agreement and its terms and conditions must be made in writing to be enforceable. This shall also apply for a waiver to the requirement of the written form. No agent, employee or authorized agent of FAI is entitled to supplement or amend these terms and conditions of transport or to renounce their applicability.

Should one or several of the afore-mentioned terms and conditions be or become invalid then this shall have no effect on the validity of the remaining provisions. FAI is in this case commissioned and authorized to substitute the invalid provision by a valid provision, which as far as possible shall legally fulfil the commercial purpose of the invalid provision.

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FAI rent-a-jet | Nuremberg | Flughafenstraße 100 (GAT) | D-90268 Nuremberg | Phone: +49-911-3 60 09-0 | E-Mail: info@fai.ag