GTC
General Terms and Conditions
Salzburg Jet Aviation GmbH, Kröbenfeldstraße 12a, 5020 Salzburg, Austria
1.0 General:
1.1 These General Terms and Condition of Carriage (GTC) shall be applicable to all carriages performed by SalzburgJetAviation GmbH except for special provisions stipulated in the respective charter contract.
General Terms and Conditions of the charterer shall not be applicable for SalzburgJetAviation GmbH. Any derogation from the GTC of SalzburgJetAviation GmbH shall only become effective after written confirmation of SalzburgJetAviation GmbH.
1.2 Any offer of SalzburgJetAviation GmbH is not binding and subject to the availability of the respective aircraft. SalzburgJetAviation GmbH reserves the right to exchange the respective type of aircraft for flight operational reasons or to carry out the transportation by means of odering another operator approved for passenger transportation (AOC) in a member state of the European Union.
2.0 Cancellation, Check-in, Delay, additional expenditures:
2.1 In case of cancellation of the carriage by the charterer the following cancellation fees apply:
a) up to 10 days before departure: 5% of the total amount invoiced
b) 9th day to 5th day before departure: 25% of the total amount invoiced
c) 4th day to 24 hours before departure: 50% of the total amount invoiced
d) within 24 hours before departure: 80% of the total amount invoiced
e) „NoShow“: 100% of the total amount invoiced „NoShow“: passengers do not check-in within 90 minutes after agreed check-in time.
2.2 Passengers are supposed to show up at the agreed meeting point 15 minutes before the planned departure time at the latest. Please note that flights may be subject to slot coordination by airport/air traffic control. In this case, departure times are strictly adhered to in order to avoid substantial delays.
2.3 Additional expenditures due to delays caused by charterer (passengers), e.g. delay of departure time, change of destination on short notice, shall be borne by the charterer in addition to the agreed charter sum. Additional expenditures due to slots or weather, especially airport fees due to airport or air traffic control slots or aircraft de-icing fees, shall be borne by the charterer in addition to the agreed charter sum.
3.0 Refusal and limitation of carriage
3.1 In the reasonable exercise of our discretion, we may refuse to carry the respective passenger or his baggage on our flights, if one of the following has occurred or we have well-founded reasons to believe it will occur:
a) the mental or physical condition, including a possible impairment from alcohol or drugs, presents a hazard or risk to the respective passenger, other passengers, the crew or to property
b) the passanger have refused to submit to a security check
c) the charterer did not pay the agreed charter sum
d) the passenger does not appear to have valid travel documents
e) the passenger fails to observe our instructions with respect to safety and security and warning signs or other instructions.
3.2 Passengers may not include in their baggage: items which are likely to endanger the aircraft, people or objects on board the aircraft and items the carriage of which is prohibited under the applicable laws, regulations and other provisions of the state of departure or the state which is being flown over or to.
4.0 Conduct on board of the aircraft:
4.1 We may take such measures as we deem necessary to prevent such behaviour if in our opinion passengers conduct herself on board the aircraft such that the aircraft, other persons or property on board or objects are endangered, they obstruct the crew in the performance of their duties or fail to comply with their instructions, including but not limited to smoking, the consumption of alcohol and drugs. In these cases, we can stop at any place in the journey for the passanger to be disembarked from the aircraft, and refused onward carriage, and we may institute civil and criminal action for the conduct of the respective passenger on board. The crew can order the stowage of objects (including „light“ electronic devices) during taxiing, take-off and landing. The use of portable electronic equipment are permitted during the entire time on board, provided that all transmitting functions remain deactivated and the devices remain in flight mode Where safety reasons so require, the use of electronic devices can be prohibited by the crew.
5.0 Arrangements for Additional Services by Third Parties:
5.1 If we make arrangements for you with a third party to provide any services other than carriage by air, such as for example hotel reservations or car rental, in doing so we act only as your agent. The contract is made
directly between you and the relevant third party. We are not a partner in this contract.
6.0 Administrative Formalities:
6.1 Passengers are solely responsible for obtaining all the required travel documents and visas for their journey, and for complying with all laws, regulations and requirements of the countries in or out of which or through which they are travelling. We shall not be held responsible for the consequences that result from the failure of passengers to obtain such documents or from their noncompliance with these laws, regulations and requirements.
6.2 Prior to travel passengers must present all exit, entry, health and other documents required by law, regulation or other requirements of the countries concerned, and permit us to make and retain copies thereof. We reserve the right to refuse carriage to the respective passenger if they do not comply with these requirements, or if their travel documents do not appear to be in order.
6.3 If passengers are denied entry into any country, you will be responsible for paying any resulting expenses, fines and charges levied against us, as well as the cost of transporting the respective passenger from that country. If we are required to pay any fines, penalties or costs for the detention of the passenger or to incur other by reason of the failure of the respective passenger to comply with the entry, exit or transit regulations of the country concerned or the failure of the passenger to produce the required (travel) documents, you shall reimburse us on demand any amount so paid or expenditure so incurred. By reason of your failure to comply with the entry, exit or transit regulations of the country concerned or your failure to produce the required (travel) documents, you shall reimburse us on demand any amount so paid or expenditure so incurred.
6.4 Furthermore, we reserve the right to take all such necessary measures in order to ensure that payment is made.
7.0 Choice of place of jurisdiction and law, Principle place of performance, interest, severability clause
7.1 The contracting parties expressly agree that as regards the place of jurisdiction the relevant competent court located in A-5020 Salzburg, Austria/Europe, shall have jurisdiction for disputes which arise from or are based upon this contract. The contracting Parties agree that substantive Austrian law shall apply in respect of disputes which arise from or are based on this contract. Principle place of performance will be A-5020 Salzburg (§ 905 ABGB).
7.2 Payments shall be made at the principal place of performance without any deduction. Interest for default will be at a rate of 4,2%.
7.3 Should a provision become null and void as a whole or in part, this shall not affect the validity of the remaining provisions. Instead of the null and void provision the parties shall agree a new provision, that in legal and economic terms comes closest to the intended content of the or would have intended in accordance with the purpose of the null and void provision.
Effective: 01/03/2017
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