General Terms and Conditions
The following provisions shall become the content of the contract concluded between the customer and
JetCharter 24 GmbH
Bismarckstrasse 14
DE-31319 Sehnde
(hereinafter also the “Broker”)
as the broker of a flight. Separate from this, a contractual relationship between the customer and the air carrier will arise at the time of booking, which is not regulated in the General Terms and Conditions of the Broker. The General Terms and Conditions also apply if the booking is made from outside the Federal Republic of Germany.
1. Conclusion of the brokerage contract
1.1 The Broker shall act as an agent for flights with business aircraft and ambulance aircraft. These GTC shall apply exclusively to the brokerage contract concluded between the customer and the Broker. The obligations of the Broker shall be limited to the brokerage service. The proper fulfillment of the brokered transportation contracts as such shall not belong to the contractual obligations of the brokerage contract between the customer and the Broker.
1.2 With the charter request, the customer shall provide the Broker with information about the flights desired by him with a business aircraft or ambulance aircraft. The charter request can be made verbally, in writing, by telephone, by fax or electronically (e-mail, Internet). The charter request is non-binding and free of charge.
1.3 On the basis of the charter inquiry, the Broker shall prepare an offer for the conclusion of an agency contract for the conclusion of carriage contracts. In the case of electronic charter requests, the Broker shall immediately confirm receipt of the charter request electronically. This confirmation of receipt shall not yet constitute a confirmation of the acceptance of an agency contract.
1.4 The brokerage contract shall come into effect upon receipt of the customer’s declaration of acceptance vis-à-vis the Broker. It shall be made in writing, by fax or in electronic form. If the content of the customer’s declaration of acceptance deviates from the content of the offer, a new charter request within the meaning of section 1.2. of the customer shall exist. Upon or immediately after conclusion of the contract, the Broker shall send the customer a booking confirmation in written or electronic form.
1.5 The basis of the brokerage contract shall be the information from the charter request and the supplementary information, insofar as the customer has transmitted such to the Broker after the brokerage contract has come into effect. Insofar as the customer has specified special requests, these shall always be non-binding. The Broker shall forward these to the air carrier upon booking, but cannot guarantee or warrant that the requests will be fulfilled.
1.6 The airlines or other service providers shall not be authorized by the Broker to make agreements, provide information or make assurances, which change the agreed content of the brokerage contract, go beyond the contractually promised services of the Broker or contradict the booking.
1.7 Upon conclusion of the brokerage contract, the Broker shall be commissioned by the customer to conclude a legally binding contract of carriage (= main contract according to section 2 of these General Terms and Conditions) with an air carrier on behalf of the customer.
2. Main Contract – Contract of Carriage
2.1 The contract concerning the main service (contract of carriage) shall be concluded between the customer and the brokered air carrier.
2.2 The contractual relationship concerning the main service shall be regulated by the General Terms and Conditions, which are provided by the brokered air carrier and which the Broker shall bring to the attention of the customer during the booking process.
2.3 The customer shall be responsible for all contractual obligations of fellow passengers, for whom he makes the booking, as for his own, insofar as he has assumed this obligation through an express and separate declaration.
3. Payment
3.1 Payment of the airfare shall be made on the date specified separately on the booking confirmation. The flight documents shall not be handed over until full payment has been received in the specified account of the Broker.
3.2 The stated flight price already includes the brokerage fee of the broker.
3.3 Flight arrangements are individual services and are not covered in the event of insolvency of the air carrier. No security certificate shall be issued.
4. Cooperation obligations of the customer
4.1 The customer shall be obligated to check all data for accuracy before sending the charter request and immediately after receipt of the booking confirmation. For this purpose, the Broker shall provide him with appropriate, effective and accessible technical means, with the help of which he can recognize and correct the input errors before submitting the booking.
4.2 Requests for changes may lead to significant additional costs for the air carrier, which will be charged to the customer.
5. Rebooking and cancellation of the booked services
5.1 Rebooking of a booked and confirmed flight is only possible by cancellation of the booked flight and simultaneous re-booking of another flight.
5.2 The possibility of being able to cancel a booking shall be governed exclusively by the contracts of carriage / general terms and conditions of the respective air carrier and cannot be influenced by the Broker. Depending on the air carrier and the time of cancellation, the cancellation costs can amount to up to 100% of the flight price.
5.3 In the event of cancellation and / or rebooking, the Broker’s claim to compensation for expenses incurred and lost brokerage fees shall remain in effect.
6. Cancellation
Pursuant to § 312 para. 2 no. 5 BGB (German Civil Code), the customer shall not be entitled to a right of revocation in the case of distance contracts of carriage. The right of revocation is therefore excluded for the contractual relationship between the customer and the air carrier, which has come into being through the brokerage of the broker.
7. Passport, Visa, Customs, Foreign Exchange and Health Regulations
7.1 Each passenger is responsible for ensuring that the necessary requirements for the flight are met and that all legal provisions, in particular the domestic and foreign entry and exit regulations, health regulations, passport, foreign currency, customs and visa regulations are observed. The same applies to the procurement of necessary travel documents.
7.2 The customer is advised to obtain information himself from the responsible offices and institutions with regard to the provisions mentioned in section 7.1, for example on the website of the German Federal Foreign Office at www.auswaertiges-amt.de. The Broker shall not assume any liability for the correctness and timeliness of his information with regard to questions posed to him regarding section 7.1.
7.3 The name details of the passengers provided by the customer in the passport or other identification documents must correspond exactly with the details of the booking / travel documents.
8. Information requirements on the identity of the operating air carrier
8.1 The EU regulation on informing passengers about the identity of the operating air carrier obliges the broker to inform the customer about the identity of the air carrier providing the air transport service at the time of booking.
8.2 If the operating air carrier is not yet determined at the time of booking, the Broker shall be obliged to inform the customer of the operating air carrier(s) that will probably operate the flight(s).
8.3 As soon as the Broker knows which airline will operate the flight, he shall inform the customer thereof.
8.4 If the air carrier named to the customer as the operating air carrier changes, the Broker must inform the customer about the change. He must immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible.
8.5 The “Black List” is available on the following website: https://ec.europa.eu/transport/modes/air/safety/air-ban_de.
9. Data protection
The Broker shall use the data provided within the scope of the booking exclusively for processing the booked services. More details on data protection can be found in the Broker’s data protection declaration.
10. Limitations of liability
10.1 The Broker shall be liable for compensation for damages, which were caused by him intentionally or through gross negligence and for damages from injury to life, body or health, for which the Broker is responsible.
10.2 The Broker shall be liable for slight negligence, insofar as he has violated an essential contractual obligation (so-called cardinal obligation), the fulfillment of which enables the proper execution of the contract in the first place, or the violation of which endangers the achievement of the purpose of the contract and on the compliance of which the customer may regularly rely. Otherwise, liability for slight negligence is excluded. Liability pursuant to 10.1 shall remain unaffected by this.
10.3 Insofar as the Broker shall be liable for slight negligence according to 10.2, the liability for property and financial damages shall be limited to the contract-typical and foreseeable damage. Liability for other, remote consequential damages shall be excluded.
11. Applicable Law / Place of Jurisdiction
11.1 The law of the Federal Republic of Germany shall apply.
11.2 The place of residence of the customer shall be decisive for legal actions of the Broker against the customer. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the brokerage contract shall be Hanover.
March 2019