Rev 1 FEB2023
The General Terms & Conditions of AirLink Luftverkehrs GmbH (dba Hans Jet)
Preamble, Hans Jet has the exclusive right to market, quote and sell charter flights for the Pilatus PC-12, OE- EHA or sub. The Operator is
AIRLINK Luftverkehrs GmbH, Innsbrucker Bundesstraße 95, A-5020 Salzburg.
In the Terms and conditions AirLink Luftverkehrs GmbH is referred to as operator. With signing the flight charter agreement, the customer
accepts the general terms & conditions.
The operator is authorised to change or alter these Terms and Conditions at any time without providing advance notice. Any amendments
or additions to the Terms and Conditions shall become binding for all clients as soon as they are made available to the client.
1. General
1.1 Validity/Applicability
(1) Offers, services and deliveries on the part of the operator are based on the present Terms and Conditions. These apply even if they are not/were not
formally agreed.
(2) Deviations from the present Terms and Conditions are to be agreed separately for each individual case.
1.2 Advance Payments, Securities
(1) The operator reserves the right to demand advance payments or securities for certain services or in certain circumstances.
(2) In any case the full amount as stated on the invoice must be paid prior to departure if not agreed otherwise in a written statement by the operator.
1.3 Accounting
1.3.1 The Operator Services
(1) The operator services are normally billed according to the fixed price as on the charter agreement. Exceptions to this are:
Actual expenditure in accordance with the operator price list – This is only possible in exceptional cases.
(2) Schedule in excess of 30 minutes to time table agreed on the signed charter agreement must be requested by the customer to the operator. If the
operator deems a schedule change request feasible the operator is entitled to charge the amount as stated in the list 1.3.1 (3) This payment can only be
neglected upon written agreement.
(3) The below stated charges for schedule changes are per leg
30 minutes – 2 hours € 300
2 hours – 4 hours € 600
4 hours – 8 hours € 1200
+ 8 hours – on sole discretion of the operator
1.3.2 Third Party Services
(1) Aircraft de-icing costs as well as passengers’ ground transportation costs are not included. – Any special request will be invoiced separately.
(2) Approach, navigation and similar fees are often charged to the operator as the aircraft operator with a delay, which means that the customer is later
charged for. For the purpose of administrative simplification, such fees are charged immediately on the occasion of the flight event on the basis of
empirical values (if the amount of these fees is not already known).
(3) The operator reserves the right to charge 10% disbursement fees on any third party services.
(4) DEFRA approved for EGKB and EGCC (180 € extra for each pet)
(5) In case of pet transport reserve the right to charge 100 € for cleaning
1.4 Payment for Services
(1) All services are generally due for payment after receipt of the invoice and without deductions, with the exception of:
a. Advance payments and guarantees: due before the service is rendered
(2) Bills of exchange or checks are only accepted as payment. Discount and possible collection charges are at the expense of the debtor. Bills of
exchange are generally not renewed.
(3) Any expenses incurred for credit card payments shall be borne by the debtor.
(4) If the payment date is exceeded, the applicable statutory interest on arrears for entrepreneurial transactions will be charged without the need for a
formal reminder.
(5) In the event of a delay in payment, the contractual partner is obliged to reimburse all pre- and extra-judicial reminder and collection fees in addition to
the default interest. For delayed payments beyond the due date as stated on the invoice the operator reserves the right to charge 3% dunning costs.
(6) Despite any provisions of the contractual partner that may be different, the operator is entitled to offset payments first against the oldest debt. If costs
and interest have already been incurred, payments will first be offset against the costs, then against the interest and finally against the main claim. Any
agreed discount deduction is only permitted if there is no other open balance.
1.5 Jurisdiction and Choice of Law
(1) The exclusive place of jurisdiction for any disputes is the competent court in A-5020 Salzburg-Stadt.
(2) The business partners agree on the application of Austrian law.
2 CONDITIONS OF CARRIAGE
2.1 General
(1) These Conditions of Carriage apply to the commercial carriage of people and property by aircraft by the operator. The Conditions of Carriage cannot
be effectively modified, restricted or excluded by passengers or shippers, nor by representatives or personnel of the operator.
(2) The flight times as stated on the charter agreement are net-flight times and do not include taxi times, check- tin/check-out times.
(3) The following luggage restrictions apply on every Hans Jet flight, all deviations from this must be checked with the operator.
1-3 Passengers – 20kg each (maximum dimensions 78cm x 50cm x 32cm) + small handbag
4-6 Passengers – 10kg each (maximum dimensions 54cm x 37cm x 20cm) + small handbag
7-8 Passengers – small handbag only
In the event of excessive luggage different than agreed with the operator or herein and respectively the turnaround time is jeopardized due to luggage
checking and loading, the operator shall be entitled to charge a penalty fee of € 500. Furthermore in case of excess luggage the commander shall have
the authority to refuse loading of specific excess items.
(4) Dangerous goods and prohibited items are specified in accordance with (EC) 2015/1998 of 5 November 2015 a full list can be found in Appendix 1.A
to this agreement. Additionally, the commander reserves the right refuse carriage of specific items if the flight safety is deemed to be altered.
(5) The operator is authorized to refuse boarding of passengers who are medically (physiologically or psychologically) unfit to fly.
If passengers are intoxicated to a level which may alter flight safety boarding can be refused.
(6) All passengers and cargo are advised to meet at least 30 minutes prior scheduled departure time at the departure airports handling agent or general
aviation terminal (unless otherwise specified by the operator). If the passengers fail to arrive at the departure airports handling agent or general aviation
terminal prior to schedule departure time the operator reserves the right to cancel the flight or to depart without the missing passenger, this shall be
considered as ‘No Show’ according to point 2.6 Cancellations. If a flight must be cancelled or delayed due to non-compliance of the points (3)(4)(5) the
operator reserves the right to cancel the flight.
(7) The commander has the final authority to determine if points (3)(4)(5)(6) are satisfied and consequently act accordingly.
2.2 Ticket, Baggage Check
(1) In the case of carriage, a flight ticket or baggage claim (“ticket”) is usually issued. However, the contract of carriage comes into effect with the order
for carriage (written or verbal) and is also valid if the flight ticket/flight baggage claim has not been issued or has been lost.
2.3 Legal Provisions, Insurance Coverage
(1) The carriage is subject to the applicable legal provisions and the regulations regarding insurance cover, whereby the carrier or the shipper of air
freight must take out additional insurance themselves.
2.4 Operational Decisions
(1) Flight operational decisions (choice of flight route, alternative landings, cancellation of flights due to weather conditions, etc.) lie exclusively with the
operator. If, for any reason beyond control of the operator a flight diverts to an alternative airport, the flight shall be considered as complete.
(2) The operator endeavors to transport passengers and air freight on time. However, the operator is neither liable for meeting deadlines, connections,
etc. nor is the operator liable for any damages or loss by third party providers.
2.5 Travel Formalities
The passenger must complete all necessary travel formalities himself and obtain the necessary documents.
The operator cannot be held liable for passengers refused to enter a country due to health restrictions in connection with Covid-19.
2.6 Cancellations
The following cancellations fees are applicable:
25% of charter price after booking*
50% of charter price two weeks before date of flight
75% of charter price one week before date of flight
90% of charter price 48 hours before date of flight
100% of charter price 24 hours prior departure or in case of ‚No Show‘
Flights identified as empty legs are subject to a 100 % cancellation fee after booking*
*a flights is considered as booked when the charter agreement is signed by the client
3 Subcharter or Substitution
(1)If for any reason the operator deems it necessary to substitute any of the flights within the period of the agreement no further costs shall be presented
to the client. A substitution or subcharter may be presented in the equivalent or superior category of aircraft.
The operator shall notify the client in due time if any other then the operators own aircraft will conduct the flight.
(2)Point (1) does not consider the unavailability of the operators aircraft. Should the operator become unavailable and/or unable to perform the services
agreed upon due to sick leave, technical issue or any other force majeure, the operators is entitled to cancel the flight or arrange a substitution. Such
substitution and its respective costs shall be presented to the client.
4 LIABILITY
9.1. Carriage performed under this Agreement shall be subject to the conditions of carriage of the the operator, including its general terms and
conditions, which may be communicated to the Client in accordance with section 4.2 above. Furthermore, the carriage performed under this Agreement
shall also be subject to the rules and limitations of the liability provisions of Austrian Aviation Act (LFG) they are not applicable insofar as liability is
governed by the following international conventions or in Regulation (EC) No. 2027/97 on the liability of air carriers for carriage of passengers and their
baggage by air, as amended by Regulation (EC) No. 889/2002 and/or, to the extent relevant, the EC regulation N° 2027/97 (as amended by EC
Regulation N° 889/2002), the other applicable local regulations, the “Warsaw Convention” of 12 October 1929 or that Convention as amended at The
Hague on 28 September 1955, the supplementary Convention done at Guadalajara on 18 September 1961 and/or the “Montreal Convention of 5
September 1999”, which may limit the liability of the the operator.
9.2. Except as specifically provided under the Warsaw Convention and/or the Montreal Convention, the operator shall not be liable for any death,
wounding or personal injury or for any delay of the Client or for any loss, damage or delay to the Client’s baggage or cargo, unless caused by the willful
misconduct or gross negligence of the operator or any of its employees or agents. The Client hereby waives all rights or claims against the operator or
any of its employees or agents as set out in the foregoing sentence, except to the extent that the relevant damage is caused by the willful misconduct or
gross negligence of the operator or any of its employees or agents.
9.3. The operator shall be under no liability to the Client or any passenger of the Client other than as set out in section 3.2 and 3.3 above in respect of any variation to or cancellation of a Flight resulting from any act or omission of the operator, or for the failure by the the operator to perform any Flight, and the Client hereby acknowledges that in any such event its sole recourse, if any, shall be against the Carrier under the applicable terms and conditions
of carriage.
9.4. The operator shall be under no liability to the Client for any failure by it or by the the operator to perform their respective obligations under this
Agreement arising from any force majeure event, i.e. an event or circumstance beyond the control of such party such as, without limitation, war,
hostilities, terrorist acts, insurrection, fire, flood, volcano eruption, earthquake, fog or other extreme natural conditions, strike, lock-out or other labor
dispute or interference of governmental authorities.
9.5. The operator shall not in any circumstances be liable to the Client for any indirect or consequential damage.
APPENDIX
1.A. Dangerous Goods and Prohibited Items
(a) guns, firearms and other devices that are designed to discharge projectiles – devices capable, or appearing capable of being used to cause serious injury by discharging a projectile, including:
•firearms of any kind, such as pistols, revolvers, rifles or shotguns,
•toy guns, replicas and imitation firearms which might be mistaken for real weapons
•any weapons and or ammunition are not allowed
•component parts of firearms, excluding telescopic sights,
•compressed air or CO₂ guns, such as air pistols, pellet guns, rifles and ball bearing guns,
•signal flare pistols and starter pistols,
•bows, crossbows and arrows, harpoon guns and spear guns,
•slingshots and catapults;
(b) stunning devices – devices designed specifically to stun or immobilise, including devices for shocking, such as stun guns, tasers and stun batons,
•animal stunners and animal killers
•Chemicals, gases and sprays, such as irritant gas, pepper sprays, capsicum sprays, tear gas, acid sprays and animal repellent sprays, designed to disable or incapacitate.
(c) objects with a sharp point or sharp edge which can be used to cause serious injury, including:
•items designed for chopping, such as axes, hatchets and cleavers,
•ice axes and ice picks,
•razor blades
•carpet knives,
•knives with blades of more than 6 cm
•scissors with blades of more than 6 cm measured from the fulcrum,
•martial arts equipment with a sharp point or sharp edge,
•swords and sabres,
(d) workmen’s tools – tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:
•crowbars,
•drills and drill bits, including cordless portable power drills,
•tools with a blade or a shaft of more than 6 cm capable of use as a weapon, such as screwdrivers and chisels,
•saws, including cordless portable power saws,
•blow torches,
•bolt guns and nail guns,
(e) blunt instruments – objects capable of being used to cause serious injury when used to hit, including:
•baseball and softball bats,
•clubs and batons, such as coshes,
•martial arts equipment,
(f) explosives and incendiary substances and devices including explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of aircraft, including:
•ammunition,
•Explosive capsules
•detonators and fuses,
•replica or imitation explosive devices,
•mines, grenades or other explosive military items,
•Fireworks and other pyrotechnic products
•Smoke canisters and smoke cartridges
•dynamite, gunpowder and plastic explosives
