Terms and Conditions
The following terms
and conditions apply to all contracts for charter of aircraft between SPREE
FLUG and its contractual partners and are part of the contract.
Any deviating terms
shall only apply, if expressly confirmed by SPREE FLUG in writing. The
communication via fax or E-Mail is acceptable.
the contractual partner with reference to its own general terms and conditions
are hereby expressly contradicted.
All offers of SPREE
FLUG are not binding and a subject to availability of the aircraft till the
contract is confirmed.
Prices stated in
offers include charter price relevant to the scheduled flight time of the
aircraft and regular additional costs such as landing fees, overnight fees for the
crew. Additional costs can arise for handling, de-icing/anti-icing, required
permits or approvals and VISA according to expenditure and will be charged in
If the flight starts
not at the home base the ferry flights will be charged as well.
The confirmation of a
flight can be made by phone, fax, mail or e-mail.
Performance of the flight
The flight will be
conducted according to the offer and contract and is subject to the necessary
traffic rights, the weather conditions, the technical condition and
airworthiness of the aircraft as well as the exclusion of force majeure.
Flight times stated are
the time between take-off and landing. That means the whole journey includes
the times for starting and shut off the engines and taxi times.
The SPREE FLUG is only liable for delays or
interruptions of flight if it is SPREE FLUGs fault.
The SPREE FLUG may
refuse to carry a passenger, emphasize the booked flight order or exclude the
passenger at an intermediate landing if this action is necessary for safety or
security reasons, this action is necessary to avoid breach of or offence
against laws of States of departure, overflight or arrival, or because of the
behavior of the passenger.
In exceptional cases, SPREE FLUG is, where there is
good cause, entitled to change, postpone or cancel the flight for reasons
relating to safety, technology, weather or force majeure. SPREE FLUG shall not
be liable for any resulting costs or damages, with the exception of costs or
damages caused by intent or gross negligence.
Should SPREE FLUG be unable to complete the agreed
flight, the price of the flight shall be reduced pro rata in accordance with
the extent to which the flight was completed and the number of flight hours.
This shall not apply if the flight does not take place or is not completed due
to factors for which the Charterer, a passenger or an individual for whom they
are accountable is responsible.
SPREE FLUG is entitled, at any time, to substitute the
aircraft with one or several aircraft suitable for the chartered journey.
Transport of dangerous goods and other objects or
animals that may endanger the aircraft or people on board may not be
transported. All passengers are obliged to read the list of objects prohibited
from hand baggage or hold luggage before they board the plane.
Should a passenger carry dangerous goods as defined in
Section 27, Subsection 4 of the German Air Transport Act (LuftVG) on board,
either on their person or in their baggage, in particular, without limitation,
weapons or objects that may be used as weapons, the passenger must show these
to the pilot before the start of the journey.
The pilot shall come to a decision on whether and how
to transport such weapons or objects and is entitled to cancel the flight if it
is feared that individuals or the aircraft may be endangered. No objects, bulky
baggage, etc. shall be allowed on board if there is any risk what so ever of
significant injuries or harm to individuals, or of damage or soling of plane
In case the passenger carries along whatsoever type of
weapons, in particular firearms, batons or thrust weapons, which are capable of
being used for attack or defense purposes as well as munitions or explosives,
which - due to their physiognomy or marking - are capable of purporting to be weapons,
munitions or explosives, the passenger shall announce this fact prior to start
of the journey/ flight. SPREE FLUG allows the carriage of such objects only, if
being transported according to the applicable provisions for the carriage of
dangerous goods. The last provision does not apply to police officers who are
obliged to carry arms to fulfill their official duty. Those have to hand over
the weapons before flying to the responsible pilot in command
The passenger shall observe all laws, regulations, orders,
requirements or travel requirements of the countries that are approached or overflown,
or which are point of departure, as well as all rules, orders and instructions
of SPREE FLUG.
The passenger shall produce entry and exit documents,
which are required according to laws, regulations, orders, requirements or
conditions prescribed in the relevant countries. The air carrier has the right
to deny transportation, if the passenger does not obey applicable laws,
regulations, orders, demands or requirements or if required documents are not
SPREE FLUG shall not be liable for any loss or expense
resulting from the fact that a passenger or contractual partner does not obey
The passenger shall be liable for all damages, including
penalties, fines and expenses being payable or deposited due to non-obedience
of laws or regulations, orders, documentation or travel requirements of the
entry or transit country or due to non-availability of complete required
documents. The passenger is obliged to immediately refund advanced expenses
paid or deposited by SPREE FLUG.
Payment agreements are specified in the booking
confirmation. Unless otherwise agreed, payments are due immediately and in full
following receipt of the invoice. Should payment be delayed, SPREE FLUG shall
be entitled to interest of 5 per cent above the applicable basic interest rate
pursuant to Sections 248 and 288 of the German Civil Code (BGB), but in any
case at least 9 per cent. SPREE FLUG reserves the right to assert claims for
further damages due to a delay in payment. The price of the flight may not be
netted against other claims.
SPREE FLUG reserves the right to cancel the booking at
the expense of the Charterer and deny boarding.
agreement / change of booking
Withdrawal from the Charter Agreement on the
part of the Charterer must be made in writing and may be via post, fax or
e-mail. Should the Charterer withdraw from a flight on an aircraft owned and
operated by SPREE FLUG before the planned date of departure, the following cancellation
fees shall apply:
- from booking: 5% of the price of the flight, at
least 500 euros
- from 14 days before the first flight time: 10% of
the price of the flight
- from 7 days before the first flight time: 15% of
the price of the flight
- from 48 hours before the first flight time: 40%
of the price of the flight
- no-show: 80% of the price of the flight
The deadlines above are
based on the time at which SPREE FLUG receives notification of the withdrawal.
The charterer authorizes
SPREE FLUG to collect, process, use and/or shares this information solely for
these purposes with SPREE FLUG, government agencies, other carriers or
providers of the aforementioned services.
Liability and limitations
The limitations of liability
for commercial air transport are set out in the Warsaw Convention (last
revision). The limits of liability specified therein for are binding.
When transporting cargo the
same limitations apply, since the SPREE FLUG is not the shipper. For this reason,
any liability for the quantity and value of the cargo is excluded during
shipment and insured only up to the maximum limits under the Warsaw Convention for
normal passenger baggage.
SPREE FLUG shall not be
liable for force majeure, in particular strikes and sabotage. If due to
unpredictable changes in weather conditions and/or other unexpected reasons or
technical issues an alteration of the agreed destination airport is absolutely
necessary, SPREE FLUG bears no expenses for any necessary re-routing of the
passengers to their final destination.
The liability for property damage
and financial loss is limited to the triple flight/charter price fare, as far
as the damage is not caused willful or gross negligent. Any other alternative
solution arranged due to the
occurrence of damage is to be charged to the passenger or customer.
SPREE FLUG shall not assume
liability for damages not caused by SPREE FLUG itself.
The conduct of charter
services is governed by the Laws of the Federal Republic of Germany,
particularly the Civil Aviation Act, the provisions of the Warsaw Convention
for the standardization of regulations on international carriage by air and the
general terms and conditions of SPREE FLUG.
Fulfillment of Contract
SPREE FLUG is entitled to
conduct its commitments wholly or partially by the assistance of third parties.
In these cases, the contractual and carriage conditions of third parties shall
If SPREE FLUG terminates the
contract because of unserviceability of the aircraft due to technical or
operational reasons or force majeure after the start of the flight, the
contractual partner shall only be liable for an appropriate partial charter
price related to the actual flown flight hours. If the flight is canceled in
whole the SPREE FLUG will refund the full charter price to the charterer.
If any provision or part of
any provision of these terms becomes invalid, the remaining provisions shall be
unaffected. The affected invalid provision shall be replaced by a provision
that is permissible and, which in legal and economic terms comes closest to the
objective pursued by the invalid or unenforceable provision and the intended
Place of fulfillment is the
headquarters of SPREE FLUG. The exclusive place of jurisdiction for any claim
arising from or due to the contractual relationship between the parties,
including check or action on a bill as well as all proceedings between the
parties to this contract shall be Frankfurt (Oder), Federal Republic of