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Terms and Conditions

Introduction:


The legal relationship between you and us is solely governed by European Union law. The following terms and conditions complete and supplement these statutory provisions.


Any conflicting terms and conditions of yours are expressly excluded.


Data processing notice


As part of the agency agreement, we collect the following information: Name and address, including e-mail address, phone number and other information we require to fulfil our obligations related to the agency agreement. This therefore ordinarily not only includes your data, but also third-party data, for example passengers to travel on your charter flight as provided by you or that we have collected on your behalf.


Please refer to items 1 and 2 of these terms for details.

1.    Our duties


You require a charter flight. This is where we can not only assist you with our know-how during preparations, but also in executing the flight. We will handle the details for you. Including: We can advise you when selecting the aircraft and the airline. We then negotiate a charter contract with this airline according to your requests and as your agent, we conclude this contract with the airline. The charter contract is solely concluded between you and the airline.


1.1
Where agreed, we will handle all agreements and arrangements related to catering, check-in and all special requests related to the flight.
If special circumstances arise and we therefore believe it is justified, we shall be entitled to replace the selected airline with another licensed airline of similar standard.


1.2   


1.2.1
We only collect and process data,

•    for which we have the corresponding consent of the data subject according to Article 6 (1 a) GDPR, or
•    which we require according to Article 6 (1 b) GDPR to fulfil our contractual obligations, or
•    necessary according to Article 6 (1 c) GDPR to fulfil legal obligations, or
•    based on legitimate interest according to Article 6 (1 f) GDPR.

1.2.2
We generally only transmit data to third parties where necessary to fulfil our contractual obligations or your contractual obligations we are fulfilling on your behalf.

Since the scope of data necessary for air carriage varies from case to case and depending on the destination, laws in effect at the time of the flight and/or passengers, we do not check which information is absolutely required to be transmitted in each individual case. We assume we have permission to transmit the complete personal data provided by you or the passengers directly beyond the necessary scope to the respective airline and/or authorities based on the respective consent of the data subjects according to Article 6 (1 a) GDPR.


1.2.3.
We only store the personal data as long as it is required to achieve the processing purpose or storage is subject to a statutory retention period. It will only be stored longer with consent and at a maximum until said is revoked.

The data subjects have the right to obtain free information about the data processed related to them, to have the data completed, to have the data erased or blocked if the respective requirements are met, to have processing restricted, to object to processing, to withdraw the consent to future processing, and to lodge a complaint with the competent supervisory authority. (See Article 7 (3); 15 to 18; 20; 21; 77 GDPR)

2.    Your duties


2.1
You are obligated to fulfil all of your duties under the charter contract we as your agent concluded with the airline.


You will complete all travel documents or freight documents in the form we requested from the airline as soon as possible. It is your responsibility to ensure the properly completed documents for all passengers and carriers are provided in accordance with the relevant regulations so all passengers and carriers can comply with the regulations for these documents.


2.2  
You assure us the data of third parties you have provided us has been collected lawfully and that we are authorised to process this data and to transmit this data to third parties for the purpose of fulfilling our contractual obligations.


2.2.1
For the data you provide us with you therefore expressly confirm to us the requirements under Article 6 (1 a) GDPR and/or Article 6 (1 b) GDPR and/or Article 6 (1 c) GDPR and/or Article 6 (1 f) GDPR are met,


2.2.2
You undertake to release us of all claims of data subjects, other third parties and authorities we are exposed to if the above requirements under the GDPR were not met.

3.    Charter price


You pay us the charter price amount on the dates stipulated by contract between you and us.
As stipulated in the charter contract, the price may change due to surcharges for fuel, insurance, currency or other surcharges the airline is entitled to levy under the charter contract. If you are a business as defined by § 14 German Civil Code (BGB), you agree to be bound to such changes.


The charter price and all other fees stipulated under our contract exclude VAT and general excise tax. These are payable by you at the rate applicable at the control location.


All payments shall be remitted in the currency agreed between you and us. They shall be remitted by the agreed dates. If a date is not expressly agreed, the payments shall be remitted at least 7 business days prior to departure of the first flight.


Any offsetting shall be excluded unless offset against a counter-claim which is undisputed or established as final and absolute. A right to withhold performance for alleged claims under other contracts or legal relationships shall be excluded.


If even one of the payments is not remitted on time, you shall be in default without requiring separate reminder notice or grace period. If a reasonable grace period granted by us has expired, we shall be entitled to cancel the contract without prejudice to further rights and remedy and assert the statutory default interest rate.

4.    Cancellation and termination


You may cancel the contract by written notice to us. In this case, the cancellation fee stipulated in the contract shall be payable to us.


We shall be entitled to terminate the contract without notice, if

  • you violate this contract in a manner which cannot be remedied or cannot be remedied within a reasonable period determined by us;


or

  • you suspend or stop fulfilling your obligations or an essential part of your obligations under your contract with us or under the charter contract we concluded on your behalf, or threaten to do so. This also included stopping payments or threatening to stop payments;

or

  • if after concluding our contract or the charter contract it becomes evident you will no longer be able to meet your obligations and do not provide the security required for this reason;

or

  • judicial insolvency proceedings or proceedings similar to German judicial insolvency proceedings have been opened under the laws in your home country or the an application in this respect has been filed.

Should we terminate the contract for the above reasons, you shall be obligated to pay the above cancellation fees without prejudice to establishing higher damages.
The legal right to modify or terminate contracts for frustration of contract or termination for good cause remains unaffected.


5.            Responsibilities

We are not a carrier and are therefore not liable with respect to transportation, which is solely carried out by the airline.

We assume no liability for changes, delays or rerouting of departing or arriving flights unless these are a direct result or of our neglect of duties under our contract with you.


We are not liable for any missing licenses or non-compliance with international provisions unless these can be attributed to our failure to use the due diligence necessary in the transportation sector when selecting the airline.


You hereby acknowledge the aircraft captain makes decisions at their absolute discretion in the interests of ensuring the safety of the aircraft, the passengers, the crew or the freight whilst operating the aircraft. You hereby agree all decisions of the aircraft captain to be binding for all parties concerned and passengers.


You are responsible for your passengers not complying with these decisions and instructions. We are not liable to you for the decisions of the aircraft captain and the resulting consequences, including any adverse effects on our obligations under this contract.


You are hereby advised we have used the due diligence necessary in the transportation sector when selecting the airline. We assume no further warranty or guarantee relating to quality, financial capacity or solvency of the airline or other third-party service providers.


6.    Liability


We assume no liability for the actions, neglect or failings caused by third parties beyond our direct control.
We shall not be liable for defaults or other non-performance and poor performance of the contract with you due to events beyond our control. This includes e.g. fore majeure, weather conditions, riots, unrest, war, lockouts, pandemics, industrial disputes, fire, lightning, embargoes and similar limitations.


If we are liable for damages, in the case of ordinary negligence this liability to pay damages shall only apply to injury to life, body or health or material contract obligations. In this respect we shall also be liable for wilful or negligent breaches of our legal representative or agent. Apart from this, any liability for negligence shall be excluded.


Except for injury to life, body or health or violation of material contract obligations, even in the case of wilful intent or gross negligence liability shall be excluded for incorrect information or implied warranties, namely regardless of whether the liability reasons are contractual or statutory. Apart from wilful or grossly negligent breach of duty, this liability exclusion also applies to damages caused by our employees, representatives, contract partners or other service providers used by us and to be attributed to us.


Apart from cases of wilful or grossly negligent breach of duty, the liability amount shall be limited to 75 % of the charter price.


7.    Content of the contract


The written contract concluded between us represents the entire scope represents all agreements between the contracting parties. No verbal agreements have been made. These would further not be valid. Amendments to this contract must be made in writing.


Any notice of termination or cancellation shall be submitted in writing and must be submitted to our or your registered place of business or head office, or optionally to the address we/you specified as the address for service or authorised recipient in the contract.

In the event a provision in the contract or these terms and conditions is invalid, this shall not affect the validity of the remaining provisions. In the vent of an invalid provision, both parties undertake to amend this provision so as to largely correspond with the original economic objective.

8.    Applicable law and jurisdiction


The contract shall be subject to the laws of the European Union.


If you are a businessman, corporate body under public law, public separate estate or have no general place of jurisdiction in Germany, the provisions related to claims or disputes arising from or related to this contract, the place of jurisdiction shall be Pedreguer|Alicante.

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