Terms & Conditions

  1. INTRODUCTION

 

BAS Berlin Aviation Service GmbH, hereafter referred to as BAS, a limited liability company incorporated under the laws of Germany, having its registered office at Airport Berlin-Schönefeld, General Aviation Terminal, Georg-Wulf-Straße 3, 12529 Schönefeld, Germany (BAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Schönefeld.

 

The Customer wishes to procure handling and FBO services from BAS at the Facilities from time to time.

 

terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by BAS, unless such terms and conditions have been agreed in writing by authorized signatories of BAS.

 

BAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with BAS.

 

Any These Terms and Conditions govern the provision of services by BAS. Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of BAS.

 

  1. PROVISION OF SERVICES

 

2.1 BAS Services

 

BAS shall provide, or arrange for, the services upon request of the Customer. BAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to BAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, BAS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to BAS the prices set out in the applicable Price List, plus VAT if applicable. BAS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by BAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to BAS all expenses and disbursements incurred by BAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall as well as administrative charge of 12 % of the prices of the cancelled services plus VAT thereto.  

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, BAS will charge a 25% surcharge on the handling price. Ich musste mich erste „schlau“ machen, was erst heute erledigt werden könnte Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

BAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN BASE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, BAS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, BAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case BAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

BAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to BAS.



  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, BAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law BAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from BAS.

 

BAS accepts no liability for third party service providers (whether retained by BAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold BAS liable for such service providers, services and goods. 

 

Any property placed by the Customer in BAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and BAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of BAS.

 

BAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify BAS for, and hold BAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against BAS in relation to the Customer’s aircraft or services provided by BAS in relation to said aircraft, except to the extent that any such claim or action is based on BAS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

BAS has taken out and will maintain premises, products liability insurances to provide adequate cover for BAS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither BAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of BAS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

 

CAS Cologne Aviation Service GmbH, hereafter referred to as CAS, a limited liability company incorporated under the laws of Germany, having its registered office at Heinrich-Steinmann-Straße 20, 51147 Cologne, Germany (CAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Cologne.

 

The Customer wishes to procure handling and FBO services from CAS at the Facilities from time to time.

 

These Terms and Conditions govern the provision of services by CAS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by CAS, unless such terms and conditions have been agreed in writing by authorized signatories of CAS.

 

CAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with CAS.

 

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of CAS.

 

  1. PROVISION OF SERVICES

 

2.1 CAS Services

 

CAS shall provide, or arrange for, the services upon request of the Customer. CAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to CAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, CAS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to CAS the prices set out in the applicable Price List, plus VAT if applicable. CAS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by CAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to CAS all expenses and disbursements incurred by CAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto.  

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, CAS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

CAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN CASE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, CAS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, CAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case CAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

CAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to CAS.

 

  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, CAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law CAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from CAS.

 

CAS accepts no liability for third party service providers (whether retained by CAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold CAS liable for such service providers, services and goods. 

 

Any property placed by the Customer in CAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and CAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of CAS.

 

CAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify CAS for, and hold CAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against CAS in relation to the Customer’s aircraft or services provided by CAS in relation to said aircraft, except to the extent that any such claim or action is based on CAS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

CAS has taken out and will maintain premises, products liability insurances to provide adequate cover for CAS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither CAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of CAS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

 

DAS Düsseldorf Aviation Service GmbH, hereafter referred to as DAS, a limited liability company incorporated under the laws of Germany, having its registered office at Düsseldorf International Airport, Terminal B, 40474 Düsseldorf, Germany (DAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Düsseldorf.

 

The Customer wishes to procure handling and FBO services from DAS at the Facilities from time to time.

 

These Terms and Conditions govern the provision of services by DAS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by DAS, unless such terms and conditions have been agreed in writing by authorized signatories of DAS.

 

DAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with DAS.

 

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of DAS.

 

  1. PROVISION OF SERVICES

 

2.1 DAS Services

 

DAS shall provide, or arrange for, the services upon request of the Customer. DAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to DAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, DAS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to DAS the prices set out in the applicable Price List, plus VAT if applicable. DAS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by DAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to DAS all expenses and disbursements incurred by DAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto.  

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, DAS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

DAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN DASE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, DAS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, DAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case DAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

DAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to DAS.

 

  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, DAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law DAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from DAS.

 

DAS accepts no liability for third party service providers (whether retained by DAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold DAS liable for such service providers, services and goods. 

 

Any property placed by the Customer in DAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and DAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of DAS.

 

DAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify DAS for, and hold DAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against DAS in relation to the Customer’s aircraft or services provided by DAS in relation to said aircraft, except to the extent that any such claim or action is based on DAS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

DAS has taken out and will maintain premises, products liability insurances to provide adequate cover for DAS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither DAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of DAS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

FAS Frankfurt Aviation Service GmbH, hereafter referred to as FAS, a limited liability company incorporated under the laws of Germany, having its registered office at Frankfurt Airport, Building 511, 60549 Frankfurt am Main, Germany (FAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Frankfurt am Main.

The Customer wishes to procure handling and FBO services from FAS at the Facilities from time to time.

These Terms and Conditions govern the provision of services by FAS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by FAS, unless such terms and conditions have been agreed in writing by authorized signatories of FAS.

FAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with FAS.

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of FAS.

  1. PROVISION OF SERVICES

2.1 FAS Services

FAS shall provide, or arrange for, the services upon request of the Customer. FAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

The Customer shall submit its service request, and any variations thereof, in written to FAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, FAS will inform the Customer immediately after receipt of the request.

2.2 Customer’s Third-Party Contractors

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

  1. PRICE AND EXPENSES

For the services, the Customer shall pay to FAS the prices set out in the applicable Price List, plus VAT if applicable. FAS may amend the Price Lists from time to time at its sole discretion.

On third party services commissioned by FAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

In addition, the Customer shall reimburse to FAS all expenses and disbursements incurred by FAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto.  

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, FAS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

  1. INVOICING AND PAYMENT

FAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

  1. REMEDIES IN FASE OF LATE PAYMENT

If the Customer fails to pay an invoice within the time specified herein, FAS may charge default interest of 12% per annum on the full invoice amount without further notice.

In addition, FAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case FAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

FAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to FAS.

  1. LIABILITY AND INDEMNITY

6.1 Limitation of Liability

Unless otherwise provided by mandatory law, FAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

To the extent permitted by applicable law FAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from FAS.

FAS accepts no liability for third party service providers (whether retained by FAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold FAS liable for such service providers, services and goods. 

Any property placed by the Customer in FAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and FAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of FAS.

FAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

6.2 Indemnity

The Customer shall indemnify FAS for, and hold FAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against FAS in relation to the Customer’s aircraft or services provided by FAS in relation to said aircraft, except to the extent that any such claim or action is based on FAS’s gross negligence or wilful misconduct.

  1. INSURANCE

FAS has taken out and will maintain premises, products liability insurances to provide adequate cover for FAS’s potential liabilities hereunder.

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

  1. CONFIDENTIALITY

Neither FAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

  1. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

The competent court at the registered seat of FAS shall have exclusive jurisdiction.

  1. PERSONAL DATA

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

 

GFS German Fuel Service GmbH, hereafter referred to as GFS, a limited liability company incorporated under the laws of Germany, having its registered office at Frankfurt Airport, Building 511, 60549 Frankfurt am Main, Germany (GFS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Frankfurt am Main.

 

The Customer wishes to procure handling and FBO services from GFS at the Facilities from time to time.

 

These Terms and Conditions govern the provision of services by GFS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by GFS, unless such terms and conditions have been agreed in writing by authorized signatories of GFS.

 

GFS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with GFS.

 

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of GFS.

 

  1. PROVISION OF SERVICES

 

2.1 GFS Services

 

GFS shall provide, or arrange for, the services upon request of the Customer. GFS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to GFS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, GFS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to GFS the prices set out in the applicable Price List, plus VAT if applicable. GFS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by GFS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to GFS all expenses and disbursements incurred by GFS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto.  

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, GFS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

GFS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN GFSE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, GFS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, GFS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in caseGFS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

GFS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to GFS.

 

  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, GFS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law GFS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from GFS.

 

GFS accepts no liability for third party service providers (whether retained by GFS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold GFS liable for such service providers, services and goods. 

 

Any property placed by the Customer in GFS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and GFS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of GFS.

 

GFS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify GFS for, and hold GFS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against GFS in relation to the Customer’s aircraft or services provided by GFS in relation to said aircraft, except to the extent that any such claim or action is based on GFS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

GFS has taken out and will maintain premises, products liability insurances to provide adequate cover for GFS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither GFS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of GFS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

 

HAS Hamburg Aviation Service GmbH, hereafter referred to as HAS, a limited liability company incorporated under the laws of Germany, having its registered office at Hamburg Airport, Flughafenstraße 1-3, 22335 Germany (HAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Hamburg.

 

The Customer wishes to procure handling and FBO services from HAS at the Facilities from time to time.

 

These Terms and Conditions govern the provision of services by HAS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by HAS, unless such terms and conditions have been agreed in writing by authorized signatories of HAS.

 

HAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with HAS.

 

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of HAS.

 

  1. PROVISION OF SERVICES

 

2.1 HAS Services

 

HAS shall provide, or arrange for, the services upon request of the Customer. HAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to HAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, HAS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to HAS the prices set out in the applicable Price List, plus VAT if applicable. HAS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by HAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to HAS all expenses and disbursements incurred by HAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto. 

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, HAS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

HAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN HASE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, HAS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, HAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case HAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

HAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to HAS.



  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, HAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law HAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from HAS.

 

HAS accepts no liability for third party service providers (whether retained by HAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold HAS liable for such service providers, services and goods. 

 

Any property placed by the Customer in HAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and HAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of HAS.

 

HAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify HAS for, and hold HAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against HAS in relation to the Customer’s aircraft or services provided by HAS in relation to said aircraft, except to the extent that any such claim or action is based on HAS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

HAS has taken out and will maintain premises, products liability insurances to provide adequate cover for HAS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither HAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of HAS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

 

LAS Leipzig Aviation Service GmbH, hereafter referred to as LAS, a limited liability company incorporated under the laws of Germany, having its registered office at Airport Leipzig/Halle, Terminalring 11, 04435 Schkeuditz, Germany (LAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Schkeuditz.

 

The Customer wishes to procure handling and FBO services from LAS at the Facilities from time to time.

 

These Terms and Conditions govern the provision of services by LAS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by LAS, unless such terms and conditions have been agreed in writing by authorized signatories of LAS.

 

LAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with LAS.

 

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of LAS.

 

  1. PROVISION OF SERVICES

 

2.1 LAS Services

 

LAS shall provide, or arrange for, the services upon request of the Customer. LAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to LAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, LAS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to LAS the prices set out in the applicable Price List, plus VAT if applicable. LAS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by LAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to LAS all expenses and disbursements incurred by LAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto.  

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, LAS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

LAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN LASE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, LAS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, LAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case LAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

LAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to LAS.

 

  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, LAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law LAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from LAS.

 

LAS accepts no liability for third party service providers (whether retained by LAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold LAS liable for such service providers, services and goods. 

 

Any property placed by the Customer in LAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and LAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of LAS.

 

LAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify LAS for, and hold LAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against LAS in relation to the Customer’s aircraft or services provided by LAS in relation to said aircraft, except to the extent that any such claim or action is based on LAS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

LAS has taken out and will maintain premises, products liability insurances to provide adequate cover for LAS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither LAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of LAS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

 

MAS Munich Aviation Service GmbH, hereafter referred to as MAS, a limited liability company incorporated under the laws of Germany, having its registered office at Airport Munich, General Aviation Terminal, Room E62,

85356 Munich, Germany (MAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Munich.

 

The Customer wishes to procure handling and FBO services from MAS at the Facilities from time to time.

 

These Terms and Conditions govern the provision of services by MAS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by MAS, unless such terms and conditions have been agreed in writing by authorized signatories of MAS.

 

MAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with MAS.

 

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of MAS.

 

  1. PROVISION OF SERVICES

 

2.1 MAS Services

 

MAS shall provide, or arrange for, the services upon request of the Customer. MAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to MAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, MAS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to MAS the prices set out in the applicable Price List, plus VAT if applicable. MAS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by MAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to MAS all expenses and disbursements incurred by MAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto.  

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, MAS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

MAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN MASE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, MAS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, MAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case MAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

MAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to MAS.

 

  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, MAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law MAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from MAS.

 

MAS accepts no liability for third party service providers (whether retained by MAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold MAS liable for such service providers, services and goods. 

 

Any property placed by the Customer in MAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and MAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of MAS.

 

MAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify MAS for, and hold MAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against MAS in relation to the Customer’s aircraft or services provided by MAS in relation to said aircraft, except to the extent that any such claim or action is based on MAS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

MAS has taken out and will maintain premises, products liability insurances to provide adequate cover for MAS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither MAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of MAS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

  1. INTRODUCTION

 

SAS Stuttgart Aviation Service GmbH, hereafter referred to as SAS, a limited liability company incorporated under the laws of Germany, having its registered office at Airport Stuttgart, General Aviation Terminal, Flughafenstraße,

70629 Stuttgart, Germany (SAS), offers handling and FBO services as set out in its price lists (as amended from time to time, the Price Lists) at its facilities at Stuttgart.

 

The Customer wishes to procure handling and FBO services from SAS at the Facilities from time to time.

 

These Terms and Conditions govern the provision of services by SAS. Any terms and conditions of the Customer, whether or not contradictory to these Terms and Conditions, shall not apply to the provision of services by SAS, unless such terms and conditions have been agreed in writing by authorized signatories of SAS.

 

SAS may modify these Terms and Conditions at any time without prior approval of the Customer. The modified Terms and Conditions shall become effective for the next following service request placed by the Customer with SAS.

 

Any amendment to the applicable Terms and Conditions must be in writing and signed by authorized signatories of SAS.

 

  1. PROVISION OF SERVICES

 

2.1 SAS Services

 

SAS shall provide, or arrange for, the services upon request of the Customer. SAS, acting reasonably, shall be entitled to accept service requests from any person purporting to act on behalf of the Customer, including the crew, as service requests of the Customer.

 

The Customer shall submit its service request, and any variations thereof, in written to SAS via e-mail or fax, with as much prior notice of the aircraft’s arrival / departure as possible. In case of lack of capacity to provide the services at the time communicated by the Customer, SAS will inform the Customer immediately after receipt of the request.



2.2 Customer’s Third-Party Contractors

 

If the Customer appoints any third party to perform services at any of the Facilities or deliver goods to any of the Facilities, it shall be the Customer’s responsibility to procure access to the aircraft, ensuring compliance with all applicable access, security and safety requirements.

 

  1. PRICE AND EXPENSES

 

For the services, the Customer shall pay to SAS the prices set out in the applicable Price List, plus VAT if applicable. SAS may amend the Price Lists from time to time at its sole discretion.

 

On third party services commissioned by SAS for the Customer, the Customer shall pay a disbursement fee as set out in the applicable Price List.

 

In addition, the Customer shall reimburse to SAS all expenses and disbursements incurred by SAS in connection with the provision of the services, including airport fees and charges and taxes. In case a service request is cancelled before the complete service is provided, the Customer will only reimburse such expenses and disbursement that had been caused beyond recall an administrative charge as well of 12 % of the prices of the cancelled services plus VAT thereto.  

 

For handling services provided outside normal operating hours (daily from 6.00am to 22.00pm German time), on Sundays or bank holidays, SAS will charge a 25% surcharge on the handling price. Also a 25% surcharge is applicable for a ground time of more than 4 hours.

 

  1. INVOICING AND PAYMENT

 

SAS shall invoice the Customer for all amounts payable by the Customer hereunder. Invoices for expenses, disbursements and charges shall be accompanied by reasonable documentation.

 

The Customer shall pay each invoice within 7 days of the invoice date, in the currency specified therein and without deduction, withholding, set off or counterclaim.

 

  1. REMEDIES IN SASE OF LATE PAYMENT

 

If the Customer fails to pay an invoice within the time specified herein, SAS may charge default interest of 12% per annum on the full invoice amount without further notice.

 

In addition, SAS may at its sole discretion, and without prejudice to its other rights and remedies hereunder and under applicable law, request prepayment for services and goods, or payment via credit card and/or suspend the provision of services until full payment is received. The same shall apply in case SAS has any indication to doubt the Customer’s ability to meet financial obligations in general.

 

SAS shall have a retention right on all assets left by the Customer at the Facilities at any time as a security to cover amounts due and payable by the Customer to SAS.




  1. LIABILITY AND INDEMNITY

 

6.1 Limitation of Liability

 

Unless otherwise provided by mandatory law, SAS shall be liable for its and its employees‘ gross negligence and wilful misconduct only.

 

To the extent permitted by applicable law SAS’s liability for any consequential and indirect damages and losses (including but not limited to damages and losses resulting from delays, loss of use, loss of profits, loss of revenue or increased costs and punitive damages), whether based on contract or tort, shall be excluded and the Customer hereby waives any rights it may have to claim any such damages and losses from SAS.

 

SAS accepts no liability for third party service providers (whether retained by SAS or the Customer) and their services nor for goods obtained from a third party and the Customer hereby waives any rights it may have to hold SAS liable for such service providers, services and goods. 

 

Any property placed by the Customer in SAS’s possession for any purpose whatsoever shall be entirely at the Customer’s risk and SAS does not accept any responsibility in respect thereof nor for any loss or damage in respect thereto unless caused by the gross negligence or wilful misconduct of SAS.

 

SAS shall not be liable for any failure to perform, or delay in performing services if such failure or delay is caused by or arising from force majeure or any other cause beyond its reasonable control.

 

6.2 Indemnity

 

The Customer shall indemnify SAS for, and hold SAS harmless from, all claims asserted, and actions and proceedings instituted, by third parties against SAS in relation to the Customer’s aircraft or services provided by SAS in relation to said aircraft, except to the extent that any such claim or action is based on SAS’s gross negligence or wilful misconduct.




  1. INSURANCE

 

SAS has taken out and will maintain premises, products liability insurances to provide adequate cover for SAS’s potential liabilities hereunder.

 

The Customer confirms that it has taken out insurance covering the aircraft and any other assets and equipment brought to the Facilities, in accordance with industry standards, in particular all risks (including war risks) in respect of the hull of the aircraft while flying and on the ground, and third party and passenger liability insurances.

 

  1. CONFIDENTIALITY

 

Neither SAS nor the Customer shall disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except in so far as may be necessary for either party to carry out its obligations hereunder, or if required by applicable law or order of a competent authority.

 

No party shall use the other party’s confidential information for any purpose other than to perform its respective obligations.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions shall be subject to German law, excluding its conflicts of law’s provisions.

 

The competent court at the registered seat of SAS shall have exclusive jurisdiction.

 

  1. PERSONAL DATA

 

The company will process the personal data of the customer, as data controller, only for the purposes of carrying out and invoicing for work and services, and for marketing activities, including online advertising (any such marketing communication from the company will contain an “unsubscribe” option).

 

The crew members’ and passengers‘ personal data will be processed by the company acting as data processor of the customer, and only for the purposes of delivering the services requested by the customer, including assistance with immigration and customs formalities, performing the company’s obligations under applicable law or regulations or complying with documented instructions of the customer.

 

The company may be obliged to disclose the customer’s, crew members’ and passengers‘ personal data to Governments, regulatory authorities or law enforcement agencies (such as customs, immigration, tax, etc.) or airport authorities of the country where the company is based.

 

Customer’s personal data may be shared by the company with other members of its group for the sole purpose of delivering the services or managing the relationship with customer and always in accordance with the applicable data privacy law. The customer’s, the crew members’ and the passengers’ personal data may also be disclosed to the company’s suppliers and subcontractors only to fulfil the purposes mentioned in the first two paragraphs of this clause 10.

 

The customer hereby expressly acknowledges and accepts that in order to provide certain services (arrangement of catering services, organization of medical assistance in emergency situations etc.) the company may need to process and disclose special categories of personal data. Such personal data is used solely for the purpose of the provision of certain services. The customer hereby represents and warrants to the company that (i) the passengers and/or the crew members have consented to the processing of such personal data to the extent necessary to provide the services, (ii) such consent is valid and documented, and (iii) the customer can provide a copy of such consent to the company at any time at the latter’s request.

 

The company undertakes to assist the customer at the latter’s costs and to the best of its ability (i) in case of query by data subjects to exercise their rights under applicable data protection law, (iii) on any request for information by the customer on the processing of personal data by the company and their conditions, (iii) on any query, inspection or audit by the competent data protection authorities.

 

The processing of certain personal data on the customer, the crew members and the passengers may be mandatory or necessary for carrying out or invoicing the services. Any exercise by the customer, the crew members and/or the passengers of their rights under applicable data protection law may entail an impossibility for the company to continue processing personal data required for the above purposes, which may result in lack of access to certain services requested or cancellation of such services, which may entail cancellation fees for the customer (as set out in the applicable Services & Price List).

 

The company will keep personal data for as long as needed for the purposes they are being processed for, and as long as there is a legal (including for certain data the 10-year standard legal hold retention obligation applicable to the company) or business need for it to be retained.

 

The customer shall indemnify and hold the company harmless against all costs, expenses (including legal expenses), damages, losses (including loss of business or loss of profits), liabilities, demands, claims, actions or proceedings, which the company may incur arising out of: (i) the company’s compliance with any instruction given by the customer to the company in relation to the processing of personal data (including personal data of passengers); or (ii) any breach by the customer of this clause 10.

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