Genneral Terrms and Condition
C
ns of Cha
arter Agre
eement aand Carriage
Tyroleean Jet Service
Nfg G
GmbH & Co
C KG
(hereafter referred to as TJS)
§ 1 Provisions
P
in respect of thhe contract between
b
Chaarterer and itts client:
n only the Charterer buut TJS as we
ell is party too the
Charterer and TJJS agree thaat in respectt of all flight transports not
eement betw
ween Charteerer and its clients. Chaarterer shall ensure tha
at all follow
wing provisio
ons are partts of
agre
Charterer’s Geneeral Terms (C
Conditions) of Agreementt of the contrract between
n the Charterrer and all its clients:
1. TJS is inn respect to all
a flight transsports party tto the agreement betwee
en Charterer and the client. The liabiliity of
TJS in rrespect to thhe clients off the Charterrer is subjec
ct to the fulfilment of anny financial obligation
o
byy the
Chartereer for the chaarter flight the client is to be transportted.
2. Liability
ase of negligeent and other culpable be
ehaviour of TTJS is not lim
mited;
a. for death and injury in ca
b. for destructiion, loss of or
o damage too baggage is limited to 1.131 SDRs; thhis limit can only
o be extennded
for baggage greater in va
alue than thi s figure whe
en it is brough
ht to attentioon at check-in latest and after
el.
payment of a surcharge or the baggaage is fully insured by the passenger pprior to trave
c. for damage occasioned by delay att transport of
o luggage iss limited to 1.131 SDRs and for dam
mage
occasioned by delay at transport of ccustomers is limited to 4.6694 SDRs.
The sum
mmary of thhe main pro
ovisions gov erning liability for passsengers andd their baggage, including
deadlinees for filing an action for compens ation and th
he possibilityy of making a special declaration
d
f
for
baggagee pursuant too Article 6 of Regulation ((EC) No 889/2002 of the European
E
Parrliament and
d of the Counncil
is attachhed hereto ass Annex ./1.
3. Passenggers Legal Liaability Insura
ance is limiteed to EUR 3633,365 (Germany EUR 600,0000) in the evvent of deathh and
in the evvent of permaanent disable
ement (invaliidity).
T
Doocuments
§ 2 Transport
1. If the Chharterer conttracting for charter
c
is no air carrier and
a the flightt is performeed on behalf of TJS, TJS shall
be respoonsible for thhe issuance of
o flight tickeets for all passsengers carried.
2. However, if an air carrier (e.g. air
a transport company, to
our operator) contracts ffor chartering, the air caarrier
shall be responsible for the issua
ance of its ow
wn flight ticke
ets for all passsengers carrried.
hese are not properly issuued, carrier shall
s
be liable for
3. If air carrrier (Charterrer) fails to isssue flight ticckets, or if th
and shaall indemnify TJS for anyy loss, damaage, liability or penaltiess it may inccur because of the imprroper
issuancee of flight tickets.
4. Chartereer must notifyy TJS of anyy injury to passsengers or damage to lu
uggage with out delay or after compleetion
of carriaage at the laatest, and off any damag e to cargo without
w
delay after delivvery, otherwiise all claimss for
damages shall be exxcluded.
ments pursuaant to Sec 2 of these Gen
neral Terms aand Conditions, it shall bee the
5. If TJS issues the trannsport docum
nish such infoormation and
d to give such assistancee to TJS as may
m be necesssary
responsibility of Charterer to furn
to compplete the doccuments. In particular, p assenger lissts and otherr informationn about passsengers, lugggage
and carggo must be handed over to
t TJS in timee by Charterer, so that the transport ddocuments can
c be complleted
in good ttime. Charterer is respon
nsible for thee correctnesss and comple
eteness of thhe particularss and statem
ments
inserted in the documents. Chartterer shall a lso be liable and shall indemnify TJSS for any dam
mage suffereed by
Date 28.006.2016
TJS by reason of thhe incorrectn
ness or incom
mpleteness of particularrs and statem
ments. In ad
ddition, Chartterer
aims as a result thereof.
releasess TJS from anny liability arrising from thhird-party cla
T
and TTravel Docum
ments
§ 3 Tickets
carry the n ecessary tic
1. Chartereer shall be responsible to see to it that all passengers
p
ckets and trravel
documents with them
m before fligh
ht departure.. If not, TJS has
h no obliga
ation to carryy those passe
engers. TJS shall
w
in
n respect of ssuch refusal of carriage.
have no obligation whatsoever
p
aand shipperss respectively comply wiith all custom
ms and passsport
2. Chartereer has to seee to it that passengers
regulatioons, regulatioons of Health
h Authoritiess and all othe
er applicable
e laws and reegulations off those counntries
in whichh the aircraftt is schedule
ed to land. A
Any claims an
nd costs incu
urred as a reesult of non--compliance with
these regulations, laws and orders shall be att the cost of Charterer.
or carriage oof passengers named on
n the currennt Russian Sanction List. The
3. TJS acccepts no responsibility fo
Chartereer must ensure that all tra
avelling passsengers have
e the legal rig
ght to travel uunhindered.
F
Docum
ments and Fligght Permissio
ons
§ 4 Flight
required for the performaance
1. TJS is reesponsible too procure or complete anny other docu
uments and permissions
p
of the fflight, i.e. those docume
ents and peermissions fo
or air carria
age that aree necessary to comply with
applicabble laws or innternational regulations. Charterer iss responsible
e to furnish aany information requesteed by
TJS and to give adeqquate assista
ance to TJS i n procuring these docum
ments and peermissions.
uch permissiions (e.g. flight permissions,
2. However, TJS is noot liable for any conseq uences arising when su
permissiions to fly ovver a countryy, landing peermissions, Visa)
V
are nott granted, proovided TJS has receivedd the
necessaary documennts and inform
mation from Charterer in
n time and has applied ffor these perrmissions in time
and in coorrect order..
3. If Charteerer is an airr carrier and if the flight i s performed on behalf off air carrier, this air carriier shall be liiable
to apply for the flighht permission
ns, permissioons to fly ove
er a country and landing permissionss required for the
c
involveed in the ap
pplication for these perm
missions are
e to be borne by
performaance of the flight. The costs
Chartereer, unless otherwise provvided in thiss Charter Agrreement. Charterer is liaable for the granting
g
of thhese
permissiions or for thhe consequen
nces arising from a delayy in the grantting of these permissions.
4. Any otheer documentts required for domestic or internatio
onal traffic, even
e
if transpport is not carried out byy air,
must be procured annd furnished by Chartererr.
A
and C
Crew
§ 5 Aircraft
1. TJS is obbliged to provide an aircrraft plus crew
w, equipmentt and fuel, ac
ccording to r egulations.
2. TJS as w
well as the captain
c
of the
e aircraft aree authorized to decide on
n their own, w
which goodss shall be carried
and wheere the carggo is to be placed
p
in thee aircraft, whether
w
a flig
ght is to be carried out or not, wheether
landingss are to be made
m
or not and
a suchlike,, if such dec
cisions are ne
ecessary forr safety or te
echnical reassons.
Chartereer shall have no right to protest
p
again st such decissions.
TJS shalll have the fuull operationa
al control of tthe aircraft. This
T includess, but is not liimited to, the
e decisions:
a. which goodss shall be carried
b. where cargoo is to be load
ded
c. whether flights are to be
e carried outt or landingss are to be made,
m
if such decisions are necessary for
ons.
safety or tecchnical reaso
3. TJS is enntitled to rem
move the airc
craft used pu rsuant to § 5 Sec 1 and use it otherwiise during pla
anned idle tim
mes.
4. All Aircrraft are Non Smoking
S
(unless otherwisse stated)
5. Wi-Fi coonnectivity (w
where availab
ble) cannot bbe guarantee
ed. The servic
ce is subjectt to regional variations.
v
Date 28.006.2016
§ 6 Loading
L
and Unloading
1. The appprovable weight of lugga
age on flighhts is subjec
ct to aircraftt-type, numbber of passe
engers and flight
f
durationn. The captaain in charg
ge of the aaircraft is authorized to
o decide onn the weigh
ht of luggagge in
considerration of flighht safety.
2. If a charrter agreemeent is conclud
ded, loading and unloading of aircraftt is at Charteerer’s cost an
nd risk. Chartterer
is obligeed to provide the material necessary ffor tying the luggage,
l
acc
cording to TJ S’ instructions.
3. TJS shall be authorizzed to make use – for itss own purposse and for itss own accouunt – of that part
p of charttered
payload not used by Charterer.
d an aircraftft operated by
b TJS. Sporting
4. Military weapons annd/or ammunition must not be carried on board
ows, fire arm
ms and amm
munition mayy be carriedd as checked
d luggage inn the
weapons like huntinng knives, bo
h firearms unnloaded and the ammunition stowed separated frrom the weaapon.
baggagee compartmeent only, with
Solely laaw enforcem
ment/police officers on official dutyy as bodygua
ard for highh ranking sta
ate officials may
exceptioonally carry a weapon in
nside the airccraft cabin, with the weapon unloadded and the ammunition kept
separateed from the weapon.
w
5. Chartereer bears respponsibility tha
at:
a. the luggage to be carrie
ed contains no goods th
hat are likelyy to endangeer aircraft or persons orr the
transportatioon thereof iss prohibited by law, regu
ulations, or requirements
r
s of any cou
untry to be fllown
from, to, intoo or over
b. the luggage to be carried is suitablee for carriage
e by air and packed in a manner suitable for carrriage
by air
c. no live animaals of whatevver species aare accepted
d for carriage
e, unless decclared upon charter
c
bookking.
d. TJS is notifieed 24 hours before plannned take off respectively at flight boooking on shorrt notice flighhts if
passengers intend to carrry weapons and/or amm
munition on bo
oard an aircrraft operated
d by TJS.
e. Passengers who intend
d to carry w
weapons and
d/or ammunittion on boa rd are in po
ossession off the
ocal authoritties at departture and desttination airpoort.
required perrmits of the lo
C
Rate
§ 7 Charter
1. The raate fixed in thhe Charter Agreement inccludes the fo
ollowing charrges:
a. expenses incurred in the
e operation a nd maintena
ance of the aiircraft
b. payment of aircraft
a
crew
w
c. insurance prremium pursuant to § 1 off these Gene
eral Terms an
nd Conditionss
d. landing and location cha
arges as we ll as ground service charges and othher expenses incurred inn the
t aircraft
handling of the
e. airport passeenger taxes, unless thesee are to be paid directly by
b the passennger
f. international route charg
ges
2. In parrticular, the charter
c
rate does
d
not incl ude the following charge
es:
a. expenses incurred in transporting paassengers to and from the
e airport
b. visa charges, expenses incurred in customs clearing, airpo
ort passengeer taxes outside Austria and
neral Terms and
other expennses, apart from the chharges menttioned in § 7 Sec. 1 off these Gen
Conditions, incurred in connection w
with passenge
ers and their luggage
c. additional exxpenses incu
urred as a reesult of ame
endments in the provisionns of the Charter Agreem
ment
made on Chaarterer’s request or as a result of ame
endments arranged by Chharterer
d. expenses resulting from acts of God or force majeur
e. royalty fees
f. de-icing of aircraft
a
from base to basee subject to requirement
r
(departure aairport of the Aircraft to begin
b
the charter including the
e ferry sectorrs)
g. airport out of hour charges
3. TJS sshall be authhorized to make
m
a propportional adju
ustment of charter
c
rate,, if changess in the chaarges
includded in the chharter rate oc
ccur after coonclusion of the Charter Agreement aand before completion
c
of the
agreed carriage.
Date 28.006.2016
4. Any alterations deemanded or arranged
a
by C
Charterer are
e at the cost of Chartererr.
f Empty Leg / Special A
Availability flights is subjject to changges accordin
ng to changees of
5. The charter rate for
the Masterflight. TJS
T will advise the Chartterer of any changes
c
in ra
ates without delay after the change of
o the
b
know
wn, but in anyy case before
e departure.
Masteerflight has become
C
§ 8 Catering
ghts.
TJS will serve ligght refreshments and softt drinks on p assenger flig
T
of Payyment
§ 9 Terms
a
in the
e Charter Agrreement, is due
d upon signature of thee Charter Ag
greement andd the
25% of the chartter rate, as agreed
ance of 75% oof the charteer rate to be fully
f
paid 48hh before com
mmencementt of the chartter flight (possitioning flighht). If
bala
TJS makes any ddisbursemennt with respect to paymennt and expen
nse not includ
ded in the chharter rate, Charterer
C
shaall be
ment thereof in EURO or U
USD. Charterrer shall reim
mburse any d isbursementt so made byy TJS
liable for the full reimbursem
immediately afteer receipt of invoice.
o flights
§ 10 Excusable ddelays and caancellation of
1. TJS shall not be liablee for any claim
ms caused b y delays or failure to perfform charterr flights due to:
t
a. causes beyoond its reasonable controol, in particular technical defects
b. acts or failuure to act of
o a civil or military authority, goverrnmental priiorities, firess, strikes, flooods,
epidemics, war
w (declared
d or undecla red), acts of terrorism, civil disorder, riot
c. weather connditions (including but n ot limited to, fog, snowfall, ice or snnow on runw
ways, insufficcient
visibility).
d. Short noticee changes, delays
d
or caancellation of
o an Empty Leg / Speccial Availability Flight duue to
changes of the
t Masterflight.
TJS shall have no obbligation wha
atsoever to ccancel any other
o
flight to
o perform thee charter flig
ght. TJS shalll not
usable delayss or cancellaations.
be liablee for consequuential damages in case oof such excu
2. In the evvent of any flight being delayed for exxcusable rea
asons pursua
ant to § 10 Seec. 1 of these General Teerms
and Conditions (to bee justified by TJS), TJS shhall reserve the
t right to decide whethher passenge
ers return to their
t cost of TJS
T in hotels chosen by TJS
T until com
mmencementt of their fligh
ht. In the event of
domicilees or stay at the
carriagee of cargo, TJS
T must de
ecide mainlyy whether to
o store the goods until commencem
ment of flighht or
whetherr to carry outt alternative transport
t
of ccargo at the cost of TJS. The Charterrer has to be
ear these cossts in
case of aan Empty Legg / Special Availability Fli ght (s. § 16 General
G
Terms and Condittions).
3. If passenngers do not arrive in time at the airpoort or if lugga
age or cargo
o is not readyy for loading in time, TJS shall
not be obliged to delay the flight. However, TJJS will accept a minor de
elay, if possi ble. In the evvent of a delaay of
JS shall be authorized to deem the ag
greed flight to
t be
more thaan one hour for the above mentionedd reasons, TJ
cancelleed by Charterrer and charg
ge the canceellation fees agreed upon.
4. TJS will use its best endeavourss to ensure thhe performance of the fliight(s) in thee event of tec
chnical delayys or
defects.
ed Carriage
§ 11 Obstruction of Performance of Agree
1. The Charter Agree
ement is airc
craft specifiic and is thu
us subject to aircraft avvailability. Iff TJS is not in a
position
n to perform
m or entire fulfil its ob
bligations under this Charter
C
Agreeement for reasons to
o be
justified
d by TJS, TJJS shall ma
ake effort to
o provide altternative tra
ansport at thhe same co
ost either forr the
whole fflight or forr the unfinished part of the fligh
ht. If no re
espective aaircraft can be found TJS
reserve
es the right to cancel the Charter Agreementt and shall be under nno liability to
o the Chartterer
other th
han to refund to the Charterer
C
s uch part off the Charte
er Price whhich already
y received and
which re
elates to the
e cancelled
d Flight Sche
edule (or an
ny part thereof).
Date 28.006.2016
2. If a flight cannot be
b partly or completely performed for
f reasons mentioned in § 10 Gen
neral Terms and
ed for more than 24 hou
urs, TJS is obliged onlyy to refund the charter rate
Conditions or a flight is delaye
d
of the agreed charter fligh
ht not operaated. Any further claimss are
proportioonate to thee length of distance
excludedd.
3. If the chharter flight includes return flight as well, the pa
art of the Ch
harter Agree ment attaching to the reeturn
flight shall not be affected by the incompletee operation of
o the outwa
ard flight for the above re
easons, provvided
that passsengers havve reached th
heir ultimatee destination and TJS is in a position to carry outt the return flight
f
accordinng to scheduule.
4. § 11 Secc. 1 to 3 Genneral Terms and
a Conditioons is not vallid for Emptyy Leg / Speciial Availabilitty Flights (s. § 16
General Terms and Conditions).
C
A
and
a withdraw
wal from Charter Agreeme
ent
§ 12 Cancellationn of Charter Agreement
1. TJS shall be entitled to cancel the Charter Aggreement witth immediate effect, if
bligations undder the Charrter Agreeme
ent, in particcular if Chartterer fails too pay
a. Charterer violates its ob
the agreed charter rate
e pursuant too the Charte
er Agreemen
nt or the Geeneral Termss and Condittions
before the flight;
b. bankruptcy, settlement or prelimina ry proceedin
ngs are initia
ated againstt Charterer or
o if Charterer is
harterer getss into financ
cial difficultiees or
partly or fully deprived of free dispoosal of its prroperty; if Ch
nd is not williing to guaran
ntee payment of charter rrate;
discontinuess payment an
c. Charterer orr a passenge
er of Chartereer is listed on
o any sanctiions list issu ed by the Eu
uropean Unioon or
the United States of Ame
erica (such a s for example the “list of persons andd entities und
der EU restricctive
measures ovver the territo
orial integrityy of Ukraine”” issued by th
he European Union);
d. act of God, wars,
w
strikes,, civil commootions or similar acts beyond the conttrol of TJS oc
ccur; or
e. the Master Flight
F
of an Empty
E
Leg / S
Special Avaiilability Flightt is cancelle d, rebooked or changed (s. §
16 General Terms
T
and Co
onditions).
Items a, b and c shaall be deemed
d cancellatioons pursuantt to § 12 Sec. 4 General TTerms and Conditions so that
the canccellation feess provided for in this Charrter Agreeme
ent shall become due.
2. Chartereer shall be entitled
e
to ca
ancel this Chharter Agreem
ment before commencem
ment of charrtering, if acts of
God, waars, strikes, civil
c commotions or simillar acts beyo
ond the conttrol of Charteerer occur, or
o the necesssary
permissiions pursuannt to Sec 4 of these Generral Terms and Conditions cannot be oobtained by TJS.
T
3. If Charteerer withdraw
ws from the Charter
C
Agreeement for otther reasons, the cancelllation fee agreed upon in § 12
Sec. 4 G
General Term
ms and Cond
ditions shall become due
e, regardlesss of whetherr Charterer is at fault or not.
Chartereer must withddraw from th
he Charter A
Agreement byy written notice or TJS m
must confirm withdrawal from
the Charrter Agreemeent in writing.
4. If, however, after cancellation off the Charterr Agreement or of individual flight dattes, Chartere
er contracts in
i its
own nam
me or under the
t name of somebody ellse for carria
age to the same (ultimatee) destination
n with anotheer air
transporrt company (or charterer), TJS shalll have the right to be paid the full ccharter rate pursuant too the
Charter A
Agreement.
a least EUR 500,00
5
Cancellaation fees – at
5% of chharter fee
anytime
a
afterr booking
10% canncellation feee
10-6
1 days pri or departure
e
20% canncellation feee
5-3
5 days prio r departure
50% canncellation feee
2-1
2 days prio r departure
100% caancellation feee
on
o the day off departure or
o whilst flying
neral Terms aand Conditions the follow
wing cancellaation fees are valid for Em
mpty
5. Notwithsstanding § 122 Sec. 4 Gen
Leg / Special Availabbility Flights:
t booked fllight is cance
elled 11 dayss prior departture (date of positioning flight
f
No canccellation feess as long as the
is considdered as datee of departurre)
Date 28.006.2016
10% canncellation feee
20% canncellation feee
50% canncellation feee
100% caancellation feee
10-6
1 days pri or departure
e
5-3
5 days prio r departure
2-1
2 days prio r departure and
a on the da
ay of departuure
whilst flyying
§ 13 Passenger LList
omplete passsenger list must
m
be made
e available tto TJS or its handling agents not lateer than 24 ho
ours before flight
f
A co
depa
arture. Passeenger lists must
m
include special notees, such as transit
t
passe
engers from …., physica
ally handicappped,
diseases, allocattion of particcular seats, etc.
e
Carriage
§ 14 Refusal of C
c
and
d Charterer s hall not have
e any right off withdrawall from the Ch
harter Agreem
ment
TJS is authorizedd to refuse carriage,
as a result thereof, if
1. passenggers suffer frrom infection
ns or nauseaating disease
es or if they are likely too endanger aircraft
a
for other
o
reasons, persons or property or if they are g uilty of violatting or attem
mpting to viol ating regulattions establisshed
olice or custooms authorities
by aviatiion authoritiees, border po
2. luggage or cargo is likely to enda
anger perform
mance of flig
ght.
§ 15 Liability
1. The liabbility of TJS, its employees and handdling agents is exclusive
ely limited too the provisio
ons under § 1 of
these Geeneral Termss and Conditions.
2. In particcular, the liabbility of TJS, its
i employee s and handling agents is excluded in the event of
a. damage cauused by third parties againnst which TJ
JS has no right to claim
b. damage cauused by or ass a result of sstrikes or loc
ckouts of the personnel oof TJS or other personnell, act
of God, civil commotions or other actts beyond the
e control of TJS
T
c. damage cauused by or ass a result of delay in the
e carriage of passengerss, luggage orr cargo or duue to
landing on alternative
a
airports, unlesss such damage has not been causeed by the neg
gligence or wilful
w
fault of TJS or
o its employyees or its haandling agentts.
d. Changes or cancellatio
on of Empty Leg / Spec
cial Availability Flights (s. §16 Gen
neral Terms and
Conditions)
3. Chartereer shall be liiable for the fulfilment o f its obligations under th
he Charter A
Agreement, even
e
if Chartterer
acted ass an agent when the Charrter Agreemeent was conc
cluded.
hts
§ 16 Empty Leg / Special Availability Fligh
1. Empty Leeg / Special Availability Flights
F
are chharacterized by the fact that
t they aree offered by TJS
T subject to
t an
already confirmed Masterflight,
M
at a reducedd rate and on
nly to selected Chartererrs on very sh
hort notice. Such
S
a “Empty Leeg Flight” orr “Special Avvailability Fligght”. These flights are solely
an offer is explicitly defined as an
ns of Emptyy Leg / Spec
cial Availability Flights. TThus TJS cannot issue any
offered at the speccial condition
ty Flights or organize
o
an alternative
a
fl ight pursuan
nt to § 11 Genneral
guaranteee for Emptyy Leg / Special Availability
Terms and Conditionns.
e of the Em
mpty Leg / Special
S
Availability Flightt subject to changes off the
2. TJS cann adapt the charter rate
Masterfllight. TJS will
w advise the Charterer of any chan
nges in rates without deelay after the change off the
Masterfllight has become known
n, but in anyy case beforre departure. Alternativeely TJS can also cancel the
Empty Leeg / Special Availability
A
Flight.
F
3. The liability of TJS iss excluded in
n the event oof changes or
o cancellation of the Em
mpty Leg / Sp
pecial Availability
Flight duue to changees of the Masterflight. Soo far as TJS provides anyy services too the passengers pursuant to
act EG/2261/2004 duee to no transport, cancel lation or dellay of an Em
mpty Leg / Sppecial Availa
ability Flight, the
Chartereer hat to reim
mburse all co
osts of these services to TJS. Moreovver the Chartterer shall be liable and shall
Date 28.006.2016
indemniffy TJS for claims of dam
mages of pas sengers or third
t
parties due to delayy or cancella
ation of an Em
mpty
Leg / Special Availabbility Flight.
ments, Liabilityy and Powerr of Attorney
§ 17 Assignmentt, Agency, subsidiary Charter Agreem
1. Chartereer shall be authorized
a
to
o assign, in whole or in part, its rig
ghts under thhis Charter Agreement
A
o to
or
transfer,, in whole or
o in part, the space or payload cha
artered to a third party, only if TJS gives its wrritten
consent to such an assignment.
a
w
or in ppart, fulfilment of its obligations undeer this Chartter Agreement to
2. TJS is aauthorized too assign, in whole
third parrties (third paarty operatorr), if the Charrterer gives itts consent to
o such an asssignment.
3. If TJS asssigns its oblligations, thiss Charter Ag reement shall not constittute a contra ct for transportation servvices
/ carriagge between the
t Charterer and TJS. Inn such casess, the Genera
al Terms andd Conditions of the third party
p
operatorr, which are hereby incorrporated by rreference an
nd a copy of which shall be furnished
d to the Chartterer
immediaately after the third partyy operator haas been com
mmissioned, shall apply tto the Charte
erer. In this case
c
TJS actss solely as agent
a
of the relevant servvices and sh
hall not be liable for the performance
e of the servvices
providedd by the thirdd party operator.
4. The assignation of a third party operator maay be done either
e
directly by TJS orr by TJS in the
t name and on
orney to TJSS to, in his name
n
and onn his
behalf oof the Charteerer. The Charterer hereeby grants power of atto
behalf, cconclude contracts rega
arding the peerformance of the transp
portation serrvices set ou
ut in the Chaarter
Agreemeent with third party ope
erators in a ccordance with
w the third party opeerator's Gen
neral Terms and
Conditions.
mer contract ('Konsumenntengeschäftt") the liabilityy of TJS for its acts as agent,
a
exceppt for
5. In case of a consum
personal injury, shall be limited to
o gross negliigence or fra
audulent misrrepresentatioon.
urship busineess ("beidsei
eitiges Untern
nehmergeschhäft"), TJS shhall not be liiable
6. In case of a mutual entrepreneu
p
injurry, in case off slight or gro
oss negligencce and shall only be liable for
for its accts as agent, except for personal
gross blaatant negligeence or fraud
dulent misreppresentation.
7. In case TJS assigns, in whole orr in part, fulfiilment of its obligations to
t third partiees, TJS acco
ounts the chaarter
dditional surccharge.
price of the third parrty plus an ad
§ 18 Arbitration, governing laaw
d
arissing out of or
o in connec
ction with th e present Agreement sh
hall be finallyy settled under the Rulees of
All disputes
Arbitration of thee Internationnal Chamber of Commercce by one arb
bitrator appo
ointed in acccordance witth the said Rules.
nnsbruck, Auustria. The arbitration
a
aw
ward shall bbe final and binding on both
The arbitration sshall be connducted in In
parties.
ed by Austri an law, excluding provissions regardiing the confllict of laws. The
The present Agrreement shall be governe
guage of Arbiitration is German.
lang
§ 19 Severabilityy Clause
ny provision oor provisionss of the Charrter Agreemeent inclusive of the General Terms annd Conditionss shall be heeld to
If an
be in
nvalid, illegal, unenforceaable or in conflict with thhe law of anyy jurisdiction,, the validity, legality and enforceabiliity of
the remaining
r
prrovisions shaall not in any way be affeccted or impaiired thereby. In lieu thereeof shall be added
a
a provision
as similar
s
in terrms to such illegal, invallid and unennforceable provision as may
m be posssible and be
e legal, valid and
enfo
orceable.
The German verssion of the General Termss and Condittions (AGB) iss the authenttic version.
§ 20 Personal Daata
u (electronnically or by data processsing) the peersonal data provided byy the
TJS is entitled tto collect, prrocess and use
port as well as to facilita
ate entry andd exit
passsengers for tthe purposess of booking and issuing the documents of transp
Date 28.006.2016
proc
cedures and to transferr these data referring too the transp
port to dome
estic and fooreign governments or other
o
auth
horities or to other air carriers. TJS points
p
out thaat there are legal and go
overnmental obligations for
f air carriers to
transfer personaal data of passsengers to the
t respectivve authoritiess in various countries,
c
esppecially the U.S. and Cannada,
e destinationn or transit airport is situated in one oof those countries. Basic
cally all data provided byy passengerss can
if the
be affected
a
by thhe transmission to foreign
n authorities in the context of booking
g.
Tyrole
ean Jet Service N
Nfg. GmbH & Co KG
K » A-6026 Innsbruck-Airport/Ausstria
Phone
e +43 512 22577 0 » Fax +43 512 225577 21 » SITA INNTJXH » AFTN LOW
WITYJX » [email protected] » www.tjs.at
Accou
unt € 0989-33104//00 » Account $ 0989-33104/00
0
» Bank
B
Austria Credditanstalt Innsbru
uck » Banking Co
ode BLZ 12000 » SSWIFT Code BKA
AUATWW » IBAN
N AT41
1100 0098
0
9331 0400 » V
VAT No. ATU 393994801 » DVR 06917771 » Registered aat Handelsgericht Innsbruck FN 13
37112k
Date 28.006.2016
ANNEX ./1
Air carrier
c
liabilityy for passengeers and their baggage
unity air carrie
ers as requireed by Commun
nity legislationn and
This information nnotice summarrises the liability rules appl ied by Commu
M
Convvention.
the Montreal
njury
1. Compensatioon in the case of death or in
Therre are no finanncial limits to the liability fo
or passenger iinjury or death
h. For damage
es up to 1131000 SDRs (approximate amouunt in
local currency) thee air carrier cannot contestt claims for coompensation. Above
A
that am
mount, the air carrier can de
efend itself aggainst
a cla
aim by provingg that it was noot negligent or otherwise att fault.
2. Advance payyments
If a passenger
p
is kkilled or injureed, the air carrrier must makke an advance payment, to
o cover immeddiate economiic needs, withhin 15
dayss from the idenntification of the
t person en
ntitled to comppensation. In the
t event of death,
d
this advvance paymen
nt shall not bee less
than 16000 SDRs (approximate amount
a
in loca
al currency).
3. Passenger delays
In ca
ase of passennger delay, thee air carrier iss liable for daamage unless it took all rea
asonable mea sures to avoid
d the damagee or it
was impossible too take such measures.
m
The
e liability for passenger de
elay is limited to 4694 SDRss (approximatte amount in local
ency).
curre
4. Baggage delays
In ca
ase of baggagge delay, the air
a carrier is lia
able for dama ge unless it to
ook all reasonable measurees to avoid the
e damage or itt was
impo
ossible to takee such measurres. The liabilitty for baggagee delay is limitted to 1131 SD
DRs (approximaate amount in local currenccy).
e
5. Destruction, loss or damagge to baggage
The air carrier is liable for destrruction, loss or
o damage to bbaggage up to
o 1131 SDRs (a
approximate aamount in loca
al currency). In the
e of checked bbaggage, it is liable
l
even if not
n at fault, unnless the bagg
gage was defe
ective. In the ccase of unchecked baggagee, the
case
carriier is liable onnly if at fault.
6. Higher limits for baggage
A pa
assenger can benefit from a higher liability limit by m
making a spec
cial declaratio
on at the lateest at check-in
n and by paying a
supp
plementary feee.
7. Complaints oon baggage
If the baggage is damaged, deelayed, lost or destroyed, tthe passenge
er must write and complainn to the air carrier
c
as sooon as
posssible. In the caase of damagee to checked baggage, the passenger must write and complain witthin seven dayys, and in the case
of de
elay within 21 days, in both cases
c
from the date on whi ch the baggag
ge was placed
d at the passe nger's disposal.
8. Liability of coontracting andd actual carrie
ers
If the
e air carrier acctually perform
ming the flightt is not the sam
me as the con
ntracting air carrier, the passsenger has th
he right to adddress
a complaint or to make a claim for damages against eithe r. If the name or code of an
n air carrier iss indicated on the ticket, that air
carriier is the contracting air carrrier.
9. Time limit forr action
Any action in courrt to claim dam
mages must be brought witthin two yearss from the date
e of arrival of the aircraft, or
o from the date on
ch the aircraft ought to havee arrived.
whic
10. Basis for the information
The basis for the rules described above is the Montreal C
Convention off 28 May 19999, which is impplemented in the Communiity by
ulation (EC) Noo 2027/97 (as amended
a
by Regulation
R
(EC ) No 889/2002)) and national legislation of the Member States.
S
Regu
Date 28.006.2016