GENERAL BUSINESS CONDITIONS

Porsche Air Service GmbH

(hereinafter referred to as “PAS”)

1. Validity

1. The following Conditions of Carriage apply to all transport and charter contracts concluded between Porsche Air Service GmbH (hereinafter referred to as “PAS”) and its contractual partners (hereinafter referred to as “Customers”) or by the customer for third parties (hereinafter referred to as “passenger” or “customer”, as applicable).
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2. An objection is raised to the inclusion of conditions imposed by the Customer except as explicitly otherwise agreed by the parties.



2. Applicable agreements, laws and regulations

   1. The following agreements, laws and regulations apply to carriage arrangements by PAS:
   1. General business conditions (GBCs) of PAS.
   2. Agreement on the Standardization of Rules for International Carriage by Air (Warsaw Convention 1929), as amended by the Hague Protocol, and the Montreal Convention of 28 May 1999, implemented in the European Community by Regulation (EC) No 2027/97, as amended by Regulation (EC) No 889/ 2002, and by national laws of the Member States.
   2. Austrian law, in particular the Austrian Aviation Act (LFG) and the related ordinances, official orders and conditions for carriage within the borders of the Republic of Austria.
   
   

3. Contracting

   1. Offers submitted by PAS at a customer’s request are without engagement, non‐binding and subject to the availability of the relevant aircraft.
   2. The contract of carriage between PAS and the customer is concluded informally (in writing, orally or by telephone). A booking confirmation by PAS is sent to the customer by e‐mail.
   
   

4. Deliverables and services

   1. PAS undertakes to carry out flight orders in accordance with the relevant aviation regulations. The exact scope of services is defined in the relevant contract of carriage.
   2. There is no obligation to carry out if the transportation or parts thereof if this cannot be done in conformity with statutory and/or traffic law provisions or if force majeure or other safety interests (e.g. weather conditions, bomb warnings, crisis areas, etc.) do not allow such transportation to be carried out. If only parts of a carriage order are cancelled, then only the costs of actual transportation will be charged.
   3. PAS reserves the right, in particular in cases of force majeure, to carry out air carriage using an aircraft type other than that agreed upon and/or to transfer the transportation to third parties, either wholly or in part. In doing so, PAS will only use aircraft types and/or third parties that comply with the same safety standards and correspond to an equivalent aircraft type. In the event of a change of identity of the air carrier under Regulation (EC) No 2111/2005 of the European Parliament and of the Council, PAS is obliged to take all reasonable steps without delay to ensure that the passenger or customer is informed as soon as possible of the change and the identity of the third party. The passenger or customer will be informed in any event at check‐in or, if no check‐in is required for a connecting flight, at the time of boarding.
   
   

5. Carriage rates

   1. The carriage rates specified by PAS include all price components. These include the fare, any positioning flights, all flight taxes, airport charges, alcoholic and non‐alcoholic beverages, snacks, safety and fuel charges and the relevant statutory value added tax.
   2. The one‐minute flight price is recalculated annually on the basis of a market price analysis and communicated accordingly. Additional charges such as airport, handling and route charges are recalculated every six months and adjusted to reflect current market prices.
   3. Costs of de‐icing procedures, weather‐related flight delays or alternative landings ordered by air traffic control are not included.
   4. The carriage rates are calculated for the date agreed between the parties and the itinerary included in the offering.
   5. Except as otherwise agreed, the carriage rates apply in principle to carriage from the “home base”, i.e. Salzburg. Ground transport services between airports as well as between airports and city terminals are not included in the carriage fare. The carriage rates are calculated for the date and route shown on the ticket.
   6. PAS reserves the right to change the agreed carriage rate after booking in the event of any changes in fuel costs, changes in or the introduction of taxes, fees, contributions, special charges or other aviation‐specific charges for certain services, aviation‐specific charges, emissions certificate costs, airport charges, etc. that are actually incurred subsequently and were not foreseeable at the time of contracting. The customer will be informed without delay of any such change in the carriage rate.
   
   

6. Payment terms

   PAS will charge the carriage rate with retrospective effect. The carriage rate is due and payable immediately after receipt of the invoice by bank transfer in EUR. PAS reserves the right to demand an advance payment of 100%.
   
   

7. Baggage

   1. Except as otherwise agreed between the parties, each person to be transported has a baggage allowance of 20 kg, which is included in the carriage rate.
   2. The following items may not be carried or checked in as baggage:
      1. Any objects that endanger the aircraft, persons or property on board. These are specified in detail in the “Technical Instructions for the Safe Air Transport of Dangerous Goods” of the International Civil Aviation Organisation (ICAO) and in the “Regulations for Dangerous Goods” of the International Air Transport Association (IATA).
         These include, in particular:
         • compressed gases (deep‐frozen, highly flammable, non‐flammable and toxic gases);
         • caustic and corrosive substances (e.g. alkalis, acids, wet cell batteries, mercury);
         • highly flammable liquids and solids (e.g. matches, lighters and fuels, highly flammable aerosols);
         • radioactive material, oxidizing materials and organic peroxides;
         • toxic and infectious substances;
         • explosives (fireworks and highly flammable objects).
   3. Firearms and ammunition, except for hunting and sporting purposes. Firearms and ammunition for hunting and sporting purposes may be carried as checked baggage in consultation with PAS. Firearms must be unloaded, safety‐engaged and properly packed. The conditions published by the ICAO and IATA apply to the transportation of ammunition. Both firearms and ammunition must be registered with PAS in advance and declared at check‐in;
   4. any objects, the carriage of which is prohibited under applicable law or regulations by the states which, for purposes of carrying out the transport order, are deemed to be the states of departure, destination or transit states;
   5. without the explicit consent of PAS, no animals or human corpses, body parts and organs may be transported.
   
   

8. Administrative formalities

   1. For the necessary travel documents and visas as well as for compliance with all personal laws, regulations, orders, requests and travel requirements of the countries affected by transportation, passengers or customers themselves are responsible for ensuring that they are in possession of the necessary documents and visas.
   2. If necessary, the aforementioned documents must be submitted to PAS if this is required for execution of transportation due to the administrative formalities of the states affected by such transportation.
   
   

9. Refusal and restrictions of carriage

   1. PAS may refuse carriage if
      1. based on certain facts and the due discretion of PAS, it can be assumed that the passenger or customer could impair the safety of the flight, of other passengers, customers or crew members. This may be the case in particular
      2. if the passenger or customer exhibits any behaviour on the ground and/or on board the aircraft that constitutes a violation of the instructions given by the crew or other PAS personnel, particularly due to the effects of alcohol or drug consumption;
      3. if this becomes necessary for safety and/or public order and/or avoidance purposes;
      4. if the passenger or customer refuses to perform a security check and/or does not comply with PAS security regulations;
      5. if the passenger or customer is not in possession of the valid travel documents necessary for entry into the country of destination or destroys the travel documents during the flight or refuses to hand them over to the crew upon request and against a certificate.
   2. The carriage or onward transportation of goods excluded from carriage by these provisions may be refused by PAS. The same applies to objects which, in the opinion of PAS, are not safe and, if necessary, packed in containers suitable for air transport.
   
   

10. Liability

1. PAS is only liable for loss or damage resulting from a breach of duty by PAS or its legal representatives or vicarious agents if such loss or damage is based on an intentional or grossly negligent breach of duty. This limitation of liability shall not apply in the event of injury to life, limb or health or in the event of fraudulent intent and warranty promises or if liability is based on mandatory statutory provisions.
2. In the event of a breach of essential contractual obligations by PAS and/or its vicarious agents, liability for damage to property is limited in amount to typical, foreseeable loss or damage. Liability for lost profits, saved expenses and other indirect or consequential loss or damage is excluded if liability is not in accordance with mandatory statutory provisions.
3. PAS shall not be liable for cancelled or delayed flights unless PAS is directly responsible for such events based on gross negligence or intent. This applies in particular in cases of force majeure and circumstances over which PAS has no control, such as measures by governmental or official authorities or blockades, strikes, lockouts, war or war‐like incidents, civil unrest, natural disasters, weather‐related reasons and recognised security risks. PAS shall not be liable either for any items left behind by a passenger on board. Excluded from the above are the liability provisions of the Warsaw Convention and the Montreal Convention as well as Regulation (EC) No. 261/2004 and Regulation (EC) No. 2027/97 as amended by Regulation (EC) No. 899/2002, where applicable.



11. Final provisions

1. Austrian law is applicable.
2. For disputes arising from and in connection with the charter contract, its amendments and additional agreements, the jurisdiction of the competent court in 5020 Salzburg is hereby agreed. Should any provision of these GBCs be or become invalid, this shall not affect the validity of all other provisions; invalid provisions shall be replaced by effective provisions that best approximate the intended purpose of the parties.
   

   Statutory liability information

   The liability provisions of the Austrian Aviation Act (LFG) 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.
   This information summarises the liability rules applicable to Community air carriers under Community legislation and the Montreal Convention:
   

   Compensation in the event of death or personal injury

   There are no maximum amounts of liability for death or personal injury of passengers. For any loss, damage or injury up to 100,000 SDRs (rounded amount in national currency), the air carrier cannot raise any objections to claims for compensation. The air carrier can avert claims in excess of this amount by proving that it has acted neither negligently nor culpably.
   
   

   Advance payments

   If a passenger is killed or injured, the air carrier must make an advance payment to meet immediate economic needs within 15 days of the identity of the person being established who is entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (rounded amount in national currency). Delays in carriage of baggage
   

   Destruction, loss or damage of baggage

   The air carrier is liable for the destruction, loss or damage of baggage of up to 1,000 SDRs (rounded amount in national currency). In the case of checked baggage, liability shall exist irrespective of fault, unless the baggage was already damaged beforehand. In the case of unchecked baggage, the air carrier is only liable for culpable behaviour.
   

   Complaints regarding baggage

   In the event of damage, delay, loss or destruction of baggage, the passenger must notify the air carrier accordingly in writing as soon as possible. In the event of damage to checked baggage, the passenger must make a written complaint within seven days; in cases of late baggage, within 21 days of such baggage being made available to the passenger.
   

   Liability of the contracting and operating air carriers

   If the operating air carrier is not identical to the contracting air carrier, the passenger may make a complaint or claim for damages to either of the two carriers. If the ticket contains the name or code of an air carrier, that carrier shall be deemed to be the contracting air carrier.
   

   Time limits for filing lawsuits

   Legal actions for damages must be brought within two years from the date of arrival of the aircraft or the date on which the aircraft should have arrived.
   

   Basis of this information

   These provisions are based on the Montreal Convention of 28 May 1999 implemented in the European Community by Regulation (EC) No. 2027/97 in the version as amended by Regulation (EC) No 889/ 2002, and by national laws of the Member States.