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GENERAL TERMS AND CONDITIONS

General Conditions of Business and Carriage
of
WELCOME AIR LUFTFARHT-GMBH & CO KG
(hereinafter WLC)

1. Definitions

Unless otherwise clearly indicated from the immediate context, the terms used in these conditions shall have the following meaning:

1.1 Interpretation of the provisions
The headings of the individual articles are intended simply for greater clarity and may not be used in interpreting the provisions.

1.1 Alterations and waivers
None of our agents, servants or authorised parties is entitled to supplement, alter or waive these General Conditions of Business and Carriage or any other provisions.

1.2 Definitions
“WLC”
Stands for Welcome Air Luftfahrt-GmbH & Co KG

“Customer/Customers”
This refers to both the person(s) who have concluded the air transport agreement with WLC as the client and each person who is or is to be transported in an aircraft according to the ticket (“passenger”) with the exception of the crew members.

2. Area of application

2.1 These General Conditions of Business and Carriage apply to all services by WLC unless divergent agreements are defined in writing in the relevant agreement.

2.2 The version valid at the time the agreement was concluded shall apply. Deviations from this and any other supplementary agreements with the customer are only effective if defined in writing.

2.3 The General Terms of Business of WLC thus apply to future agreements, even if these are not expressly mentioned or agreed.

2.4 Contrary or divergent conditions of the Customer shall not be recognised by WLC unless their validity has been expressly agreed in writing. Counter confirmations by the Customer referring to its General Terms and Conditions are hereby expressly contradicted. There is no need for any further objection to the Customer’s General Terms and Conditions by WLC.

2.5 The Customer is responsible for the correct and immediate distribution of these General Terms and Conditions and other messages from WLC to the passenger. If the Customer is in breach of this condition, it shall fully indemnify WLC from any claims by the Passenger.

2.6 If individual provisions of these general terms and conditions should be or become invalid or void, this shall not affect the validity of the remaining provisions. The parties agree to replace invalid or void provisions with valid provisions that reflect as closely as possible the intent of the invalid or void provisions.

2.7 The offers from WLC are subject to confirmation and are non-binding. Sketches, illustrations, drawing, measurements, weights, route information or other service data is only binding if this is expressly agreed in writing.

3. Laws and regulations

Transport according to the General Conditions for Carriage of WLC are particularly subject to

a. the provisions of the “Agreement to Standardise Certain Provisions in Relation to Carriage  in International Air Transport plus Declarations” (hereinafter referred to as the “Montreal Agreement”) and/or
b. the provisions of Regulation (EC) No. 889/2002
c. Regulation (EC) No. 261/2004
d. where appropriate the Warsaw Agreement and subsequent agreements
e. other legal standards

4. Prices / Charter price

4.1 General

4.1.1 Unless otherwise agreed, all the prices, amounts and payments are in euro.

4.1.2 The price quoted does not include taxes, contributions, surcharges and fees, etc. unless these have been explicitly indicated.

4.1.3 In the event that it is unexpectedly necessary for the crew to spend the night at the destination, the actual accommodation costs shall be charged, but no less than EUR 600.

4.1.4 If, for reasons for which WLC is not responsible, the scheduled destination airport can no longer be reached (weather conditions, airport closure for a particular reason), the flight will be to the nearest available airport. The resulting costs shall be charged.

4.1.5 If delays occur during the flight for which WLC is not responsible and that result in additional costs (e.g. overnight accommodation, costs for night landings, etc.) these shall be charged to the Client.

4.1.6 Credit card payments shall be subject to a surcharge of +5% on the gross billed amount.

4.1.7 WLC reserves the right to apply a surcharge of +5% on third party services booked by credit card payment at the request of the customer.
 
4.2 Charter price

4.2.1 The price agreed in the charter contract includes the following items:
a. expenditure incurred in operating and maintaining the aircraft,
b. payment for the aircraft crew,
c. insurance premiums in accordance with article 7 of the General Conditions of Business and Carriage,
d. landing and parking fees, as well as the costs for ground handling and all other costs incurred in handling the aircraft,
e. airport passenger charges if they do not have to be paid for directly by the passenger and
f. international flight charges

4.2.2 In particular, the charter price does not include:
a. the cost of transporting passengers to and from the airport,
b. visa costs, customs and other costs that arise during customs clearance, all other costs except those costs mentioned in section 7 (1) General Conditions of Business and Carriage that arise in correction with passengers and their luggage,
c. additional costs that arise due to changes to the provisions of the charter contract at the request of the chartering party or due to changes arranged by the chartering party,
d. costs incurred as a result of force majeure,
e. licensing fees,
f. the costs for de-icing the aircraft shall be passed on as necessary on an at-cost basis.

4.2.3 WLC is entitled to adjust the charter price is the cost change arises after the contract is concluded and before the flight is ended.

4.2.4 Any changes requested or required by the chartering party shall be charged to it.

4.2.5 20% of the carter price agreed in the charter contract is payable when the charter contract is signed and the 90% balance of the charter price is to be paid no later than 7 days prior to the commencement of the charter flight (positioning); if the charter contract is signed within 7 days of the commencement of the charter flight (positioning), the entire charter price is immediately due for payment. All expenditure by WLC not included in the charter price shall be passed on to the chartering party in EUR. The chartering party is obliged to settle the invoices submitted by WLC immediately upon receipt.

4.2.6 WLC is only obliged to provide services insofar as the chartering party fulfils the commitments of the charter contract, in particular an existing payment commitment in accordance with the charter contract or the General Conditions of Business and Carriage before the flight commences.

5. Payment conditions

Unless otherwise agreed, the total amount is payable prior to the start of the implementation of the contract. If the agreed payment is by invoice, this is due immediately on receipt of the invoice without deduction. A payment is only deemed to have taken place when WLC has access to the outstanding amount. If the customer falls in arrears with the payment, default interest is payable at the statutory rate of interest, but no less than 12 % p.a.

Billing shall be in euro. The euro amount is also the determining factor if foreign currency amounts are indicated in the invoices next to the amount in euro. Incoming foreign currency amounts shall be credited with the euro equivalent obtained from the foreign currency amount. Likewise, services received that are invoiced by third parties in foreign currencies shall be converted to euro on the date the service is rendered and charged to the customer. The conversion rate used will be the valid OANDA foreign currency rate on the date the service is rendered +2% conversion surcharge, but at least euro 21.40.

6. Further conditions for the provision of service

6.1 Luggage is restricted to one piece of luggage (max. 13 kg for 31 passengers). Any other luggage taken will be left on the ground. WLC shall not be responsible for any luggage left behind. Under aviation law, the crew is entitled to examine the contents of luggage for safety reasons.

6.2 If, for unexpected reasons (e.g. technical problems), delays occur, except in cases of gross negligence or intent, WLC shall be entitled to reschedule the flight.

7. Liability

The liability of WLC shall be limited to gross negligence and intent, insofar as this is legally permissible. The transport of passengers, luggage or freight is carried out under the provisions of the Warsaw Agreement and of the Montreal Agreement. WLC accepts no responsibility in the event of incidents caused by force majeure, such as strike, war or sabotage.

Where permissible, liability shall be limited to the statutory liability amounts.

8. Transport documents

8.1 If the chartering party is not an airline, the flight will be carried out in the name of WLC, so that WLC is responsible for issuing flight tickets for all passengers carried.

8.2 However, if an aviation company (e.g. an air transport company or travel company) organises the charter agreement, then it is a matter for this aviation company to issue the flight tickets for all passengers carried.

8.3 If the aviation company fails to issue flight tickets of if the flight ticket are not issued in an orderly manner, the aviation company shall accept responsibility for all loss, damage/injury, liability or criminal penalty that may arise due to any inadequacies in issuing the flight tickets and must indemnify WLC against all damages and claims.

8.4 The chartering party must immediately notify WLC or any physical injury to passengers or any damage to luggage without delay, or no later than upon completion of the flight. Likewise, WLC is to be notified by the chartering party of any damage to freight without delay following delivery, otherwise no compensation claims for damages shall be accepted.

8.5 If WLC is required to issue the transport documents according to this item, the chartering party is obliged to provide WLC with all the necessary information that will enable it to issue these documents and that will help WLC in issuing these documents. In particular, passenger lists and other information about passengers, luggage and freight must be forwarded by the chartering party to WLC in good time. The chartering party is responsible for ensuring the information in the documents is correct and complete. The chartering party is also responsible damages incurred by WLC if information is incorrect or incomplete. Furthermore, the chartering party shall indemnify WLC against all damages and claims resulting from compensation entitlements of third parties arising because of incorrect or incomplete information.

9.  Tickets and travel documents

9.1 The chartering party must ensure that all passengers have the necessary tickets and travel documents before departure. Otherwise WLC is not obliged to carry the passengers. WLC shall accept any obligations whatsoever if passengers are refused the right to travel.

9.2 The chartering party is required to ensure that the passengers and the freight company comply with all customs and passport provisions, health authority provisions and all other applicable laws and regulations in the countries where the aircraft is scheduled to land. All damages and costs arising from failure to comply with these provisions, laws and regulations shall be charged to the chartering party.

10. Flight documents and flight approvals

10.1 It is the responsibility of WLC to provide all the documents and approvals necessary for the implementation of the flight, such as the aviation documents and approvals required for the relevant laws and international provisions. The chartering party is obliged to provide all the information required by WLC and to support WLC appropriately in obtaining these documents and approvals.

10.2 WLC shall not accept liability for damages that arise as a result of the refusal of such approvals (e.g. flight approvals, overflight approvals, landing permits, visas) provided that WLC has received all the necessary documents and information from the chartering party in good time and has applied for these approvals and permits in an orderly manner and in good time.

10.3 If the chartering party is an aviation company and if the flight us implemented on behalf of this aviation company, then this aviation company is obliged to apply for the flight approvals, overflight approvals and landing permits required in order to implement this flight. Unless otherwise agreed, the resulting costs for these approvals are to be borne by the chartering party. The chartering party is also responsible for maintaining these approvals and for damages that cause these approvals to be delayed.

10.4 All other documents that are required for the implementation of domestic or international flights, even if the transport does not involve air travel, shall be provided by the chartering party.

11. Aircraft and crew

11.1 WLC is obliged to provide an aircraft with crew, equipment and fuel in accordance with the specifications.

11.2 WLC and/or the captain of the aircraft will decide on which goods are transported and where the freight is to be placed in the aircraft, whether the flight is to go ahead, whether a landing is to go ahead, etc. if such decisions are necessary for safety or technical reasons. The chartering party has no right to object to such decisions. WLC has overall operative control of the aircraft and shall decide in particular:
a. what goods are transported,
b. how and where freight is loaded,
c. whether flights or landings are to take place if such decisions are require on safety or technical grounds.

11.3 WLC is entitled to withdraw the deployed aircraft during scheduled idle periods and to use it elsewhere.

12. Loading and unloading

12.1 The permissible weight of luggage on a flight depends on the number of passengers. The captain responsible for the aircraft is entitled to set the weight of luggage in the interests of flight safety.

12.2 When a charter contract for freight transport is concluded, the chartering party shall bear the costs and risks associated with loading and unloading the aircraft. The chartering party is also obliged to provide the material for stowing the consignment in accordance with the instructions of WLC. 

12.3 WLC is entitled to use those parts of the payload not required by the chartering party for its own purposes.

12.4 Military weapons and/or munitions cannot be transported on board any aircraft operated by WLC. Sports weapons, such as hunting knives, bows, firearms and munitions can be stowed in the cargo hold as checked luggage, provided the firearms are unloaded and the munitions are stored separately from the weapon itself. Only state body guards/ state security personnel/ (with the exception of “sky marshals” on duty on board the relevant flight) may carry a weapon in the aircraft cabin.

12.5 The chartering party is responsible for ensuring that:
a. the freight to be transported does not include goods that can endanger the aircraft or personnel or whose transport is prohibited by the laws, ordinances or regulations of a departure or destination county or overflown country.
b. the freight to be transported is suitable for air transport and is packed in such a way that air transport is possible.
c. no live animals or other live organisms are accepted for transport unless a separate agreement has been reached.
d. WLC is notified of the carrying of weapons and/or munitions on board an aircraft operated by WLC 24 hours prior to the planned departure or, in the case of flights booked at short notice, when the flight is booked.
e. passengers who wish to transport weapons on munitions on board are in possession of all the necessary permits of the local authorities at the departure and destination airports.

13. Catering

WLC offers its passengers small snacks and soft drinks on board.

14. Excusable delays and fight cancellations

14.1 WLC is not liable for damages due to delays or the cancellation of a flight due to:
a. reasons that occur despite careful checks, in particular in the event of a technical fault,
b. laws, directives or measures of a civil or military authority, official priorities, fire, strike, flood, epidemic, war (whether declared or undeclared), acts of terrorism, civil war and riots,
c. poor weather conditions, in particular fog, snow, hale, ice or snow on the airfield, insufficient visibility.

WLC is not obliged to cancel another flight in order to be able to carry out the charter flight. WLC shall not accept liability for collateral damage/financial losses due to such excusable delays or cancellations.

14.2 In the event of an excusable flight delay – which must be proven by WLC – WLC reserves the right to decide whether passengers should return to their homes or whether they should stay in hotels selected by WLC at the expense of WLC until the flight. In cases where freight is to be transported, WLC must primarily decide whether the freight is to be stored until the flight or whether the freight is to be transported in some other way at the expense of WLC.

14.3 If passengers fail to turn up at the airport on time or if luggage or freight is not ready for loading in good time, WLC is not obliged to postpone the flight. However, WLC will accept a moderate delay if feasible. If this delay is for more than one hour for the reasons outlined above, WLC shall be entitled to assume this flight has been cancelled by the chartering party and may charge the agreed cancellation fees.

14.4 WLC shall make every effort to implement flight(s) if technical defects or delays arise.

15. Obstacles to the implementation of the agreed transport
 
15.1 If WLC is unable to fulfil some or all of the commitments of the charter contract, WLC shall make every reasonable effort to offer alternative transport selected by WLC at the expense of WLC either for the entire flight or for the still remaining part of the flight.

15.2 If all or part of a flight cannot be implemented or is more than 24 hours late, WLC is only obliged to reimburse that portion of the charter price that corresponds to the length of the charter flight that has not been implemented. All further claims are excluded.

15.3 If the charter flight also includes a return flight then the part of the charter contract that relates to the return flight shall not be affected by the aforementioned reasons for the failure to complete the outward journey m provided the passengers gave reached their final destination and WLC is in a position to provide the return flight according to schedule.

16. Cancellation of the charter contract and withdrawal from the charter contract

16.1 WLC is entitled to cancel the charter contract with immediate effect if
a. the chartering party breaches the commitments of the charter contract, in particular if it fails to satisfy a payment obligation according to the charter contract of the General Conditions of Business and Carriage before a flight commences,
b. bankruptcy or insolvency or preliminary proceedings are initiated against the chartering party or if the chartering party loses control of its assets in whole or in part; the chartering party finds itself in financial difficulty or discontinues payments and is unwilling to provide a guarantee of payment of the charter price,
c. force majeure, wars, strikes, civil unrest or similar events arise that are beyond the control of WLC.

16.2 The chartering party is entitled to cancel this charter contract before flying if force majeure, war, strike, civil war if similar developments beyond the control of the chartering party arise or WLC is unable to obtain the necessary permits required according to section 10 of the General Conditions of Business and Carriage.

16.3 If the chartering party withdraws from the charter contract for other reasons, the cancellation fee set down in paragraph 4 of this section shall be payable, irrespective of whether or not the fault lies with the chartering party. The chartering party can only withdraw from the charter contract in writing and WLC must confirm a withdrawal from the charter contract in writing.

16.4 However, if, after the charter contract or a single flight has been cancelled, the chartering party concludes a contract with another airline (or chartering party) for transport to the same destination on its own behalf or on behalf of a third party, then WLC shall be entitled to receive payment of the full charter price in accordance with the charter contract.

Cancellation fees:

Up to 30 days before the first departure 15%  of the total charter price, but at least EUR 500
29-8 days before departure  30%  of the total charter price
7 days to 24 hours before departure 50%  of the total charter price
Less than 24 hours before departure 80%  of the total charter price
Less than 12 hours before departure 90% of the total charter price

17. Passenger list

A full passenger list must be available to WLC or its handling agents no later than 24 hours prior to departure. The passenger list must include special comments such as transit passenger from ...., disability, illnesses, provision of a special seat, etc.

18. Refusal of transport services

WLC is entitled to refuse to provide transport services and the chartering party shall not be entitled to withdraw from the charter contract as a result if
a. passengers are suffering from infections or contagious diseases or if they pose a highly probable threat to the aircraft, personnel or property for other reasons or if they culpably breach or try to breach regulations of the aviation authorities, border police or customs service,
b. luggage or freight endangers flight operations.

19. Liability

19.1 WLC, its employees and handling agents shall be liable solely in accordance with item 7 of these General Conditions of Business and Carriage.
19.2 In particular, the liability of WLC, its employees and handling agents shall be excluded in the following cases:
a. damage caused by third parties against whom WLC has no right to compensation
b. damage caused by strikes or lockouts of WLC personnel or other personnel, by force majeure, civil unrest or other causes over which WLC has no influence
c. damage caused by or due to a delay in transporting personnel, luggage or freight or due to a landing at a different airport, provided this damage is not caused by gross negligence or intent on the part of WLC, its employees and handling agents

19.3 If this charter contract is concluded by an agent, this agent shall be jointly and severally liable to the chartering party for the fulfilment of the commitments relating to the chartering party contained in the charter contract.

20. Assignment, brokering, supplementary charter agreements,

limitation of liability and power of attorney

20.1 The chartering party is only entitled to assign all or part of the rights of this charter contract or all or part of the chartered seats of payload to third parties if WLC has given its written consent to such an assignment.

20.2 WLC is entitled to assign the fulfilment of all or part of its commitments in this charter contract to a third party (third party provider) if the chartering party gives its consent to such an assignment.

20.3 If WLC assigns the fulfilment of its commitments to another party, no charter contract shall be established between the chartering party and WLC. In this case, the conditions of business of the third party shall apply which are referred to here and which shall be supplied to the chartering party immediately after the third party has been commissioned by WLC. In this case, WLC shall simply act as a broker for the transport services and shall not be liable for any defect in the services provided.

20.4 A third party can be commissioned either by WLC directly or by WLC on behalf of and at the expense of the chartering party. The chartering party hereby authorises and commissions WLC to conclude contracts it its name and at its expense for contracted transport services with third party providers according to the General Conditions of Business and Carriage.

20.5 In the case of consumer transactions, except in cases of personal injury, WLC shall only accept liability for intent or gross negligence when brokering transport services.

20.6 In the case of mutual business transactions, except in cases of personal injury, WLC shall not accept liability for minor and simple negligence, but only for gross negligence or intent when brokering transport services; insofar as legally permissible, claims for loss of profit shall be excluded.

20.7 If WLC assigns the fulfilment of its obligations under this charter contract wholly or partly to a third party, WLC shall charge the charter price charged by the third party provider plus a standard brokering charge.

21. Severability clause

If individual provisions of the charter contract, including provisions in these General Conditions of Business and Carriage are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions or parts of said provisions. Any invalid provision shall be replaced with a provision that reflects as closely as possible the economic intent of the original provision. The German version of the General Conditions of Business and Carriage is the authentic version.

22. Court of jurisdiction

22.1 Applicable law
This agreement in its entirety is subject to Austrian law. The present agreement shall be solely subject to Austrian law, excluding the conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods and excluding the rules regarding conflict of law under Austrian private international law.

22.2 Court of jurisdiction
Provided there are no mandatory provisions to the contrary, the sole court of jurisdiction is the competent court in Innsbruck.


Innsbruck, 16/07/15