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General Terms and Conditions

1. General Terms and Conditions
The following General Terms and Conditions of SKYTAXI Luftfahrt GmbH (SKYTAXI) are an integral part of each agreement with SKYTAXI, applicable
in their current version. Differing or contradicting agreements will not be accepted unless they are expressly approved by SKYTAXI in writing.
These Terms and Conditions apply to private costumers, business people and business organizations, unless a distinction is made in the
corresponding clause.
1.1. A Charter Agreement will become existent upon receiving a confirmed Charteroffert or a countersigned Chartercontract.
1.2. Following receipt of an inquiry from a charter customer, SKYTAXI will verify the availability of aircraft and crew. If so, SKYTAXI will submit a
non-binding proposal. The proposal shall specify the key details of the corresponding flight (flight times, aircraft type, destination and costs). If the
Charterer confirms a booking – in writing or by phone, SKYTAXI will send a booking confirmation. From this time a binding Charter Agreement is
existing.
1.3. Until SKYTAXI has provided the Charterer with booking information, the offered service shall remain subject to the availability of the aircraft
and crew, and conditional upon the technical feasibility of the flight, and the granting of transportation laws, take-off and landing slots and other
forms of flight clearance by authorities.

 

2. Air transportation services
2.1. The Charter Agreement entitles the Charterer to an air transportation service in accordance with the relevant air transport legislation.
2.2. In case a Charter Agreement is concluded, SKYTAXI shall be obliged to provide the flight requested with a properly equipped and fuelled
aircraft with crew, from the agreed point of departure to the agreed destination at the agreed time. SKYTAXI shall be entitled at any time to
replace the aircraft suitable for the flight, which is based on a Charter Agreement concluded between SKYTAXI and the Charterer.
2.3. The Charter Agreement shall include transportation of passengers` baggage unless otherwise agreed. The number and weight of bags that can
be carried depends of the destination, the number of passengers, the aircraft booked and expected weather conditions. The pilot is finally entitled
to reduce the maximum baggage allowance per passenger for safety reasons, on case by case basis. Under these circumstances, the Charterer shall
not be entitled to terminate the Charter Agreement.
2.4. Should SKYTAXI be forced to make an unscheduled stop due the unforeseeable events, such as poor weather conditions, SKYTAXI shall be
entitled to demand that the Charterer reimburse all additional cost resulting.
2.5. SKYTAXI may cancel or delay a flight without being liable to pay any cancellation fee or compensation whatsoever in the event that the
regarding flight cannot be performed or completed due any cause beyond the control of SKYTAXI, including – but not limited to – strikes, lock out,
civil commotion, war or warlike operations or imminence thereof, riots, civil war, blockade, embargo, act or omissions of governmental authorities
including all civil authorities, Force Majeure, fire, flood, fog, frost, ice, storms, epidemics, quarantine, hijacking, requisition of aircraft by public
authorities, breakdown or accident to aircraft, or if the safety of passengers is deemed by the aircraft commander or SKYTAXI operational
supervisors to be in jeopardy.
In case of such constellations SKYTAXI shall be under no obligation or liability towards Charterer beyond refund of the agreed charter price for such
cancelled flight.
2.6. Costs for de-icing, or for sheltering the aircraft in a hangar to avoid de-icing, are not included in the price of the flight. SKYTAXI is entitled to
charge for these expenses separately upon presentation of documentary proof.

 

3. Subchartering
3.1. SKYTAXI is entitled, at any time, to substitute the aircraft with one several aircraft suitable for the chartered journey. SKYTAXI is also entitled to
outsource (subcharter) the chartered flight or other obligations specified in the Charter Agreement, in part or in whole, to another airline or
charter company. SKYTAXI will notify the Charterer of any such changes as soon as possible before departure.
3.2. A change in the aircraft or the company does not entitle the Charterer to withdraw from the Charter Agreement, unless the deployed aircraft
differs from the booked aircraft in type or condition to an unacceptable extent, or there are significant reasons relating to the subcharter company,
that make transportation with this company unreasonable.
3.3. In case, that SKYTAXI is acting as a broker and such regarding flight is performed by a third party operator (subcharter), SKYTAXI shall not be
liable for any damage caused by the performance or non-performance of such third party operator; in this case the General Terms and Conditions
of the subcharter company are used.

 

4. Transport of dangerous goods and other objects
4.1. Objects or animals that may endanger the aircraft or people on board may not be transported. All passengers are obliged to read the list of
objects prohibited from hand baggage or hold luggage before they board the plane. Should a passenger carry dangerous goods on board, either on
their person or in their baggage, in particular, without limitation, weapons or objects that may be used as weapons, the passenger must show
these the pilot before the starting the journey.
4.2. The pilot shall come to a decision on whether and how the transport such weapons or objects and is entitled to cancel the flight if it is feared
that individuals or the aircraft may be endangered. No such objects shall be allowed on board, if it is feared that individuals or the aircraft may be
endangered.
4.3. The pilot is entitled to cancel the flight at any time, if the behaviour of any passenger poses a threat to the safety and rights of other
passengers (4.2.). In such instance, SKYTAXI entitlement to payment for the price of the flight remains valid and unaffected, and the Charterer
shall pay any additional costs arising from the corresponding action taken.

 

5. Passenger and Cargo Entry documents
5.1. SKYTAXI takes absolutely no responsibility with the regard to visa requirements of its passengers.
5.2. The Charterer is responsible for ensuring that passengers have all travel documents required for entry into and exit from a country, including,
without limitation, passports, visas, documentary proof of vaccination etc.
5.3. The Charterer shall be obliged to provide SKYTAXI with a Passenger list, which has to contain any special information, not later than 12 hours
prior departure.
5.4. Should there be any levy due the lack of required entry documents of passengers or cargo, the Charterer will be billed with such costs.

 

6. Charter Price and Payment Conditions
6.1. Payment agreements are specified in the booking confirmation. The Charter Price shall mean the amount payable to SKYTAXI by Charterer for
services supplied under these terms. The Charter Price shall apply to any agreed flight from the point of departure to the destination.
6.2. Unless otherwise agreed, payments are due immediately and in full following receipt of the invoice, but at last the Charterer shall make
payment within three days after singing the Charter Agreement, but at least three days before departure to
BTV Bank für Tirol und Vorarlberg
IBAN: AT301631000131216173
BIC: BTVAAT22
Should payment be delayed, SKYTAXI shall be entitled to interest 14 per cent a year of the Charter Price. The price of the flight may not be netted
against other claims. In the case of late or incomplete payments, SKYTAXI reserves the right to cancel the booking at the expense of the Charterer
and deny boarding.
6.3. SKYTAXI will not start with its preparatory operation regarding the Charter Agreement, until the above mentioned Charter Price has been
credited in its full amount on the regarding SKYTAXI account.
6.4. The following cancelation fees shall become payable with immediate effect should Charterer cancel the Charter Agreement for any reason.
The Charterer shall advise SKYTAXI in written form of his cancellation of the Charter Agreement.
In this event, the following cancellation fees will be charged:

  • Until 10 days prior departure: 10 % of the Charter Price, at least € 1.000,00
  • Until 9 to 7 days prior departure: 20 % of the flight price
  • Until 6 to 3 days prior departure: 50 % of the flight price
  • Until 3 to 1 days prior departure: 75 % of the flight price
  • 24 hours prior departure: 90 % of the flight price

In the event, the journey is not being made and the flight services have already been provided: 100 % of the flight price
The deadlines are based on the time at which SKYTAXI receives notification of the withdrawal.
Should a third party charter flight be cancelled by SKYTAXI, the cancellation fees of the third party charter company shall apply and be charged in
full. SKYTAXI expressly reserves the right to bring claims for further damages.
6.5. The Charter Price shall apply to any agreed flight from the point of departure to the destination and shall include only:

  • expenses for operating and maintaining the aircraft,
  • reimbursement for the crew of the aircraft,
  • insurance premiums,
  • landing, parking and hangar fees as well as ground crew and other airport fees for the aircraft (with the exception of de-icing charges),
  • standard catering during the flight in accordance with the arrangements made by SKYTAXI,
  • international route changes.

In particular, the Charter Price does not include:

  • the cost of transporting Passengers to and from the airport and between airports and terminals,
  • the cost of customs inspections, custom duties and other charges payable that do not include the charges mentioned above,
  • further expenses resulting from alterations to the provisions of the flight contract requested by Charterer or as a consequence of changes made by Charterer,
  • licence fees,
  • additional costs due any extension of the flying time by more than 15 minutes compared to flying time specified in the quotation, or caused by bad weather conditions, a technical defect, revision of a decision by Charterer or other circumstances beyond the control of Carrier,
  • additional costs resulting from the necessity of flying to an alternative airport or of making a stopover their due to bad weather conditions, a technical defect, revision of a decision by Charterer or other circumstances beyond the control of SKYTAXI,
  • additional costs in particular de-icing of the aircraft if no de-icing-insurance is accepted bei the Charterer

 

7. Termination and Cancellation
SKYTAXI shall have the right to terminate the Charter Agreement with immediate effect for pressing reasons without any infringement of its rights,
in particular:

  • if the Charterer violates his obligations arising from the Charter Agreement, in particular if he fails to pay the Charter Price in due
    time (6.2.) at the conditions stipulated,
  • if insolvency proceedings are commended against the Charterer, respectively rejected due to lack of funds, seizure of Charterers property is effected, or permission for prolongation of payments is given based on judicial or administrative proceedings or on the Charters request for out of court composition with its creditors,
  • if force majeure of factors caused by the Charterer or Passengers prevent completion of the agreed flight,
  • if the corresponding government authorities have issued travel or security warnings for the agreed destination that suggest the aircraft or individuals could be endangered,
  • if the Passengers do not arrive at the agreed time or if the Charterer fails to provide the luggage or freight for the flight at the agreed time,
  • if there are other significant reasons that mean SKYTAXI cannot reasonably be expected to comply with the agreement.

 

8. Special Services
Special services provided and/or made available by SKYTAXI, for example VIP treatment, special catering service, on board telecommunication via
satellite phone etc., shall be charged separately to the Charterer.
8.1. Special Services, charges not included in the charter price (6.5.) and any kind of other additional expenses will be further charged separately at
suppliers’ rate.

 

9. Disclaimer
9.1. SKYTAXI is liable for the death, injury or health impairments of a passenger on board a SKYTAXI aircraft or upon boarding or leaving the aircraft
(personal injuries), for the cancellation or delay of flights, and for the loss of or damages to baggage, in accordance with the legal provisions
defined in clause 10.
9.2. SKYTAXI shall be liable for delay, damage, destruction and/or loss of luggage only if caused willfully or by gross negligence, and then only to
the maximum limits specified in the applicable regulations. SKYTAXI shall not be liable for the loss of and/or damage to or the delay of fragile or
perishable goods, or those unsuitable for air transport and not permitted to be carried by air, as well as valuables such as jewellery, money, shares,
precious metals, documents and/or electronic equipment, contained in a Passengers luggage without the knowledge of SKYTAXI.
9.3. Irrespective of legal provisions, the liability of SKYTAXI, its representatives, agents and employees shall be limited to the maximum amounts
defined by law. Upon request, SKYTAXI shall inform the Charterer of the key details of the contract, in particular maximum cover.

 

10. Applicable legislation, legal venue
10.1. The performance of the charter service is subject to the laws of the Republic of Austria, in particular, without limitation, as well as the
provisions of the Montreal Convention, the Warsaw Convention and Regulation 2027/97 of the council of the European Union, and the General
Terms and Conditions of Business of SKYTAXI.
10.2. Compensation and/or assistance in the event of denial of boarding or cancellation or major delay of flights shall be provided to passengers
pursuant to Regulation (EC) 261/2004 Abl. No. L 46 of the Council of the European Union.
10.3. In the event of any dispute resulting from or in connection with this Charter Agreement, the changes and additional agreements, the court of
6900 Bregenz, competent as regards the subject matter, shall have exclusive jurisdiction.
10.4. The assignment and transfer of rights and obligations arising from the Charter Agreement by the Charterer require the express written
authorisation of SKYTAXI.
10.5. Should one or several provisions in these General Terms and Conditions be or become invalid, this shall not affect the validity of the
remaining provisions. In such insurance, the invalid provision shall be replaced by a valid provision of which the meaning and intended
economic effect come as close as possible to those of the original provision.