JetApp GmbH General Terms and Conditions for contracts with the Executing Air Carrier ### 1. Scope 1.1. These General Terms and Conditions (hereafter “**T&C”**) apply to all contracts for air carriage concluded with an Executing Air Carrier by JetApp GmbH, Marktplatz 5, 70173 Stuttgart (hereafter “**JetApp**“). 1.2. JetApp will not accept the Executing Air Carrier’s divergent general terms and conditions. This shall also apply even if JetApp does not expressly reject their inclusion. ### 2. Conclusion of the air carriage contract 2.1. JetApp operates the JetApp Booking Platform via which JetApp’s customers can conclude contracts for air carriage with JetApp that are tailored to the Customer’s needs. In the process JetApp acts as the Contractual Air Carrier. 2.2. If a Customer requests air carriage from JetApp using the JetApp Booking Platform, JetApp looks for suitable flights from Executing Air Carriers on various platforms and suggests flights to the Customer. If the Customer chooses air carriage by one of the proposed Executing Air Carriers, JetApp makes the selected Executing Air Carrier an e-mail offer based on these T&C. JetApp is bound by this offer for 1.5 hours. JetApp’s offer contains an “Accept offer” button. The contract comes into being if the Executing Air Carrier accepts JetApp’s offer by clicking this button within the offer deadline. 2.3. A separate agreement is required if the aircraft used by the Executing Air Carrier offers more seats for conveying people than JetApp’s Customer originally booked and if, after conclusion of the contract, JetApp’s Customer wishes to take more passengers than originally stated. JetApp will inform the Executing Air Carrier of the Customer’s wish. The Executing Air Carrier will then notify JetApp if it is possible to take more passengers and, if so, which supplements are payable for this, where applicable. This e-mail represents an offer by the Executing Air Carrier to JetApp to conclude the contract to carry additional passengers. JetApp can accept this offer by an appropriate reply to the Executing Air Carrier by e-mail. The contract for air carriage of the additional passengers therefore comes into being according to these T&C. ### 3. Terms of Payment/Prices 3.1. The remuneration due the Executing Air Carrier for air carriage is payable at the latest 30 days after receipt of invoice, but no earlier than three days before the planned departure. 3.2. The remuneration described in clause 3.1 does not include de-icing costs. If incurred, JetApp must pay for these separately at cost. De-icing costs also include the cost of de-icing positioning flights. Positioning flights are those which are necessary to bring the aircraft in question to the booked place of departure. The same applies to delays or diversion landings caused by weather conditions or flight safety, costs of special airport opening times and to consequential costs as a result of any ground transport required. ### 4. Conditions of air carriage 4.1. JetApp will inform the Executing Air Carrier of the first and last names, dates of birth, and passport details of the passengers as soon as possible after conclusion of the contract, but if possible 48 hours before the planned departure. JetApp will provide other information if stipulated by law or official provisions at the place of departure, fly-over or arrival and the Executing Air Carrier has informed JetApp of this. JetApp will immediately inform the Executing Air Carrier of changes to names and other information concerning passengers if JetApp is in possession thereof. 4.2. The Executing Air Carrier is responsible for any actions which form part of the booked air carriage, in particular for obtaining the corresponding takeoff, landing and fly-over permits, airport slots and parking permits and similar. 4.3. The Executing Air Carrier can refuse to carry passengers, or onward carriage of passengers if - this is necessary for safety reasons, or - carriage or onward carriage necessitates a violation of official or legal requirements of the place of departure or arrival, or a state which is flown over, or - the behavior of the passenger, the passenger’s mental or physical demeanor is such that he represents a danger to himself, other passengers or crew members, or - the passenger does not possess valid travel documents or valid immigration papers, or - the passenger does not comply with the applicable safety regulations on board. 4.4. The Executing Air Carrier can refuse to carry luggage, or onward carriage of luggage, if the luggage - contains items which contravene ICAO and IATA Dangerous Goods Regulations, which could endanger the aircraft or people or items on board the aircraft, such as explosive substances, compressed gases, oxidizing, radioactive or magnetic substances, easily flammable substances, poisonous or corrosive substances, or - contains items whose carriage is prohibited according to the provisions of the state of departure or arrival, or of a state which is flown over, or - contains items which, by their nature, are unsuitable for carriage because of their fragility or particular sensitivity, for example; more detailed explanations regarding specific individual cases can be obtained from us or the travel agent issuing the flight ticket, or 4.5. The Executing Air Carrier’s prior permission is required for carriage of the following items: - individual lithium batteries or lithium accumulators (as customary in laptop computers, cell phones, clocks, or cameras), - any type of weapon, such as firearms, batons or thrusting weapons and sprays used for aggressive or defensive purposes, munitions and explosive substances, items whose external shape or labeling give the appearance of being weapons, munitions or explosive substances. 4.6. The Executing Air Carrier is responsible vis-à-vis the passenger in accordance with the provisions of Regulation (EC) no. 216/2004. 4.7. The Executing Air Carrier is furthermore responsible vis-à-vis the passenger for duties of information in accordance with Regulation (EC) no. 889/2002 amending Regulation (EC) no. 2027/97. ### 5. Termination of the air carriage contract 5.1. Unless arranged to the contrary in clauses 5.2 and 5.4, the statutory regulations shall apply to termination and rescission of the air carriage contract. 5.2. JetApp may terminate the air carriage contract at any time up to the time of the agreed departure. The Executing Air Carrier cannot claim any remuneration in the event of termination up to 110 hours before departure. In the event of termination less than 110 hours before departure, the Executing Air Carrier is entitled to demand the agreed remuneration; but must, however, allow set-off of what it saves in expenses as a result of termination of the air carriage contract, or gains through other use of the service acquired under the air carriage contract, or maliciously refrains from gaining. The parties agree a lump sum for this as follows depending on the time of termination: | Termination 110 to 62 hours before departure: | 20% of the flight price, plus fees and taxes already incurred | |---|---| | Termination 62 to 38 hours before departure: | 40% of the flight price, plus fees and taxes already incurred | | Termination 38 to 14 hours before departure: | 60% of the flight price, plus fees and taxes already incurred | | Termination less than 14 hours before departure: | 80% of the flight price, plus fees and taxes already incurred | In every case, fees and taxes that are not incurred due to termination shall be refunded. In each individual case the Executing Air Carrier may prove that a lesser amount is to be deducted from the flight price and JetApp may prove in each individual case that a greater amount is to be deducted from the flight price, or the Executing Air Carrier is not due any remuneration. 5.3. The arrangements in clause 5.2 shall not affect the right of either party to termination for good cause. 5.4. Terminations and rescissions must as a minimum be effected in text form. ### 6. Liability of the Executing Air Carrier 6.1. The Executing Air Carrier is liable for air carriage of passengers and their luggage according to the Montreal Convention of 28 May 1999, implemented in the European Community by Regulation (EC) no. 889/2002 amending Regulation (EC) no. 2027/97 and by national legal provisions of Member States. 6.2. The Executing Air Carrier is responsible vis-à-vis the passenger in accordance with the provisions of Regulation (EC) no. 261/2004. 6.3. If the Executing Air Carrier is not responsible according to the Montreal Convention of 28 May 1999 and its implementation in the national legal provisions of Member States and/or Regulation (EC) no. 261/2004, the Executing Air Carrier will be liable for damages and for compensation for wasted expenditure, regardless of the legal grounds, according to the regulations in clause 6.2 as follows: 6.3.1. The Executing Air Carrier will be fully liable in the event of intent and gross negligence by the Executing Air Carrier’s executive bodies, legal representatives, employees or other vicarious agents and in the event of injury to life, limb or health and according to the provisions of the German Product Liability Act. 6.3.2. In the event of slight negligence, the Executing Air Carrier’s liability is limited to damages whose occurrence is to be typically expected and to breach of material contractual obligations (cardinal obligations) whose fulfillment facilitates due performance of the contract and on whose observance the other party must routinely rely. ### Exemption and joint and several liability 7.1. If a claim is made against JetApp for non-carriage against the will of a passenger, flight cancellation, flight delay or delay in the carriage of luggage, death or physical injury to a passenger, destruction of, loss of or damage to luggage due to air carriage by the Executing Air Carrier, the Executing Air Carrier will exempt JetApp from this and compensate JetApp for all costs and damages incurred as a result. This will not apply if the claim for culpable behavior can be ascribed to JetApp. If JetApp is merely jointly culpable, JetApp’s entitlement to exemption and to compensation of costs and damages shall be reduced by the extent of JetApp’s joint culpability. 7.2. If the parties to the contract are jointly and severally liable as Contractual and Executing Air Carriers, the statutory regulations on plurality of liable parties shall apply in addition to clause 7.1. 7.3. If a claim is made against JetApp as described in clause 7.1, JetApp will immediately inform the Executing Air Carrier of this. The Executing Air Carrier undertakes to support JetApp in defending the claim, in particular to make available to JetApp without delay any necessary information within its sphere. In defending such claims JetApp will coordinate with the Executing Air Carrier and only undertake admissions and settlements with the Executing Air Carrier’s written permission. ### 8. Set off and right of retention The Executing Air Carrier is due rights of set off only insofar as its claim is legally binding or uncontested. The Executing Air Carrier is due rights of retention only insofar as its claim is legally binding or uncontested and its claim originates from the same contractual relationship. ### 9. Applicable law These Terms and Conditions are subject to the law of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). ### 10. Jurisdiction If the Executing Air Carrier is a businessman and has its registered office in Germany at the time of conclusion of the contract, the sole jurisdiction shall be that of JetApp’s registered office in Stuttgart. The applicable legal provisions shall otherwise apply to local and international jurisdiction.