General Terms and Coditions
General Conditions of Carriage for Passengers and Baggage
Supplementary to other applicable legal provisions, the following contractual conditions comprise the content of the air transportation contract concluded between the contract partners.
1.1 “Air carrier” refers to Avantiair GmbH
& Co. KG
1.2 “Baggage” means all articles intended for passenger use. Unless otherwise specified, it shall include both checked and unchecked baggage.
1.3 “Force Majeure” means unusual and unforeseeable circumstances beyond the control of Avantiair GmbH & Co. KG, the consequences of which could not have been avoided even if all due care had been exercised.
1.4 “Passenger” means any person, except members of the crew, carried or to be carried in an aircraft with Avantiair GmbH & Co. KGs consent.
- Registration and Payment
2.1 Registration can ensue in writing, orally or via telephone. Such becomes legally binding upon conclusion of the air transportation contract.
2.2 The payment conditions agreed in the air transportation contract apply.
2.3 The air carrier can refuse transportation if payment has not been made at least 30 minutes prior to the agreed departure time or if the contractor unjustifiably refuses full or partial payment of the demand of the air carrier. The air carrier is not liable for damages occurring as a result.
3.1 The air carrier assumes the transportation from the departure airport to the destination airport of passengers, their baggage and other goods of all types up to the agreed quantities, dimensions and/or volumes, as far as the transportation of such is not excluded by authoritative legislation or pertinent provisions.
3.2 The air carrier assumes services and care on board in accordance with the agreements made in the air transportation contract.
3.3 As far as it is not otherwise agreed in the air transportation contract, flight prices and fees apply only for the transportation from airport-to-airport.
3.4 The air carrier has the right to employ another air carrier as a servant or agent or an aircraft other than the one specified in the air transportation contract.
- Transportation Times
4.1 The transportation times specified for the air transportation in the air transportation contract are subject to airport slots where applicable. Once airport slots are confirmed the timings are binding. For delays and other disruptions of the flight operation which result in any damages, the air carrier and/or servants or agents are liable only for their own gross negligence or willful conduct.
4.2 The transportation times specified for the air transportation in the air transportation contract can be only observed by the air carrier if all required entry, overflight and landing rights as well as the necessary permits have been received in sufficient time before departure. The air carrier and/or its servant(s) or agent(s) shall only be liable for delays and other disruptions to flight operations leading to damage in the event of their own gross negligence or willful conduct.
4.3 The contractor assumes all responsibility for ensuring that the passengers, their baggage and other freight goods to be transported are available at the departure airport no later than 90 minutes prior to the agreed departure time. A shorter clearance time must be specially agreed in writing. The air carrier is not liable for damages resulting from the late arrival of passengers or from delayed availability provision of baggage and other freight goods.
- Conditions of Transport
5.1 The contractor has to inform the passengers regarding the particular provisions affecting passengers as these are listed in the following regulations and additionally regarding those provisions contained in the flight tickets transferred to the contractor or the passenger(s), and is to make particular reference to the transportation limitations and exclusions. The contractor releases the air carrier which are caused by the failure of the contractor to inform the passenger(s) regarding the above-named provisions.
5.2 The contractor assumes all responsibility for ensuring via instruction of the passenger(s) that the passenger(s) comply with all regulations of the countries from which the flight originates, passes over or in which it lands and that the passenger(s) can present all entry and departure documents, health certificates and other official documentation that are required by the affected countries. The air carrier is not liable for damages resulting from the failure to observe or noncompliance with regulations or instructions.
5.3 Passengers are not permitted to transportation the following as baggage:
- a) Objects and materials which qualify as dangerous goods within the context of § 27 of the German Air Transport Act (LuftVG) and which are capable of endangering the aircraft or persons or objects on board the aircraft. This includes in particular explosive materials, compressed gases, oxidizing, radioactive or magnetizing materials, easily combustible materials, poisonous or aggressive materials and, further, fluid materials of all types (with the exception of such liquids as the passengers carry in their hand baggage for consumption and use during the travel). Check http://www.iata.org/whatwedo/cargo/dgr/Pages/dgr-guidance.aspx for up to date information on items permitted in passenger baggage (checked and hand baggage).
- b) Objects for which transportation is prohibited according to the regulations of the countries from which, over which or into which the flight takes place.
- c) Objects which are unsuitable for transportation in the opinion of the air carrier or its servant(s) or agent(s) on the grounds of their weight, their size or type.
- d) All other items according to EU Regulation No. 300/2008, 185/2010 and commission implementing regulation (EU) 2015/1998 and corresponding annexes which are not permitted in passenger baggage.
5.4 Upon demand, the passenger(s) is/are to attend and assist in the inspection of their checked or unchecked baggage by customs or other officials.
5.5 The air carrier or its servant(s) or agent(s) may refuse the transportation or further transportation of a passenger if:
- this measure is necessary on the grounds of safety or the measure is necessary in order to prevent infringement against the regulations of the countries from which, over which or into which the flight takes place.
- the conduct, the condition or the mental or physical state is such that the
passenger requires special support by the air carrier which the air carrier
cannot guarantee or can only guarantee with disproportionately high
expenditure, or the passenger has caused significant or repeated difficulties or whose presence cannot be expected to be tolerated by other passengers.
- the passenger presents a significant danger to him/herself or other
persons or objects of significant value.
5.6 If the passenger carries on his/ her person or in his/her baggage weapons of any type, in particular firearms, striking weapons or electrical shock weapons as well as spray gas that are used for attack or defense purposes, munitions or explosion- hazardous materials or objects whose external form or designation awaken the impression of weapons, munitions or explosion-hazardous materials, the he/she is to notify the air carrier or its servant(s) or agent(s) of such prior the commencement of the transportation of such objects when they are transported in accordance with the provisions regarding the transportation of hazardous goods as freight or checked baggage. The former does not apply for police officials who are obligated to carry weapons in the fulfillment of their duties. These are to hand over the weapon to the responsible aircraft commander prior to the flight.
5.7. The passenger is to follow the instructions of the crew regarding the use of electronic devices on board, respectively, to obtain the permission of the crew prior to the use of electronic devices. The use of electronic devices also includes their operational readiness in a switched-on-state.
5.8. The transportation of children up until the completion of the 12th year of life without a chaperon requires prior agreement with the air carrier.
5.9. Live animals, dogs, cats, pet birds and other household pets can be accepted following prior registration.
5.10 The air carrier assumes no liability should he/she decide in good faith after due consideration that the transportation is not permissible in accordance with his/her interpretation of authoritative legislation and regulations and as a result subsequently refuses the transportation and such does not occur with gross negligence.
5.11 The contractor is obliged to make all necessary information regarding these conditions of transport available to all passengers, in particular the contractor is obliged to provide all passengers the lists of the prohibited dangerous goods according to § 27 of the German Air Transport Act (LuftVG) as well as EU Regulation No. 300/2008, 185/2010 and commission implementing regulation (EU) 2015/1998 and corresponding annexes.
- Taxes, Customs, Penalties and Fines
6.1 All taxes, compensations or other duties charged by government, communal or other authorities or by airport companies in relation to the passenger(s) or to their utilization of services are to be paid in addition to the freight remuneration as far as these are not included in the agreed freight remuneration according to the air transportation contract.
6.2 The air carrier is entitled, nevertheless not obligated, to pay fees in advance and to make expenditures. The passenger(s) and the contractor are individually and mutually liable to the air carrier for the restitution of such.
6.3 Should the air carrier be required to pay or deposit penalties or fines or other expenditures because a passenger does not comply with the regulations regarding entry or passage through the affected country or because the authority of the certificates required by such regulations is not properly on hand, the passenger(s) and the contractor are individually and mutually liable for the restitution of such.
7. Withdrawal from the Air Transportation Contract
7.1. The contractor can withdraw from the air transportation contract prior to commencement of the transportation. Transportation has commenced when the aircraft for the purpose of fulfillment of the contract, is operated- i.e., is moved under its own power. Aircraft movements that are conducted for positioning of the aircraft at the departure airport also apply as commencement of the transportation in terms of contract fulfillment purposes.
7.2 In the event of a withdrawal from the air transportation contract by the contractor prior to commencement of the transportation, the air carrier applies on overall claim to cancellation fees which are calculated as follows:
10% upon signature of the contract; 10% of the total charter price
30% From 55-31 days prior to departure; 30% of the total charter price
50% From 30-7 days prior to departure; 50% of the total charter price
80% From 6 days until departure date; 80% of the total charter price
100% Cancelation after departure time; 100% of the total charter price
7.3 If the contractor withdraws from the air transportation contract following commencement of the transportation, then the contractor is obligated to pay the full price of the flight.
7.4 Receipt of a written withdrawal declaration at the business premises of the air carrier is decisive for withdrawal from the air transportation contract.
- Liability and Time Limitation
8.1 The air carrier is liable for the proper execution of the transportation according to the Montreal Convention 1999 as well as the EU Regulation No. 2027/97 and No. 261/2004.
8.2 In the case of journey with a final destination or a stopover in a country other than the departure country, the transportation of a passenger and his/her baggage are subject to the Montreal Convention of May 1999.
8.3 The air carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the air carrier. However, the air carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the air carrier is liable if the damage resulted from its fault or that of its servants or agents.
8.4 The air carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
8.5 For damages arising under paragraph 8.4 not exceeding 113.100 Special Drawing Rights for each passenger, the air carrier shall not be able to exclude or limit its liability.
8.6 The air carrier shall not be liable for damages arising under paragraph 8.4 to the extent that they exceed for each passenger 113.100 Special Drawing Rights if the air carrier proves that:
(a) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents; or
(b) such damage was solely due to the negligence or other wrongful act or omission of a third party.
8.7 The air carrier is not liable for Force Majeure, in particular but not limited to official authority operations, sabotage and strike measures which are not included in the sphere of responsibility of the air carrier.
8.8 The air carrier is not liable for damages which are not caused by the air carrier or its servant(s) or agent(s). This provision does not in any way limit the air carriers liability under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
8.9 With baggage damages, all actions are excluded if the person entitled does not notify the air carrier without delay following discovery of the damage, nevertheless with international travel no later than 7 days after receipt of the baggage; the same applies
for delayed delivery of baggage with the provision that the notice is to be filed without delay, nevertheless no later than 21 days after receipt of the baggage. With purely intra-Germany travel the time limit totals 3 months. The notification must be in written form and must be sent within the above-named time limits.
8.10 An action for damage compensation of any type with international transportation can only be brought within the framework of the Montreal Convention of May 1999 within 2 years, calculated from the day of the arrival of the aircraft at the destination location or from the day on which the aircraft was to have arrived or from the day on which the transportation was interrupted. The calculation of the time limit is determined in accordance with the law of the court to which the appeal is made. The time limitation term for transportation within the Federal Republic of Germany totals 3 years.
8.11 Claims against the air carrier in case of delay, non-carriage or cancelation will be treated according to EU Regulation No. 261/2004 and have to be made in written form. All necessary forms are available with the air carrier or via the homepage of the LBA (Luftfahrbundesamt. i.e. the German Federal Aviation Authority).
9.1 No oral subsequent agreements exist and such come into effect only upon written confirmation.
9.2 Should a provision contained in the flight ticket or in these transportation conditions be impracticable on the grounds that such contradicts valid legislation, the validity of the remainder of the flight ticket or the transportation conditions remains unaffected.
9.3 Provisions of the transportation contract or these transportation conditions cannot effectively be altered, limited or excluded by agents, employees or representatives of the air carrier.
9.4 Exclusive place for jurisdiction for both parties is – as far as these are certified commercial representatives – Frankfurt/Main, Germany. Governing law is the laws of the Federal Republic of Germany.
These General terms and conditions are effective August 2019 and replace any older version.