Silver Cloud Air Gmbh
Joachim-Becher-Straße 2
67346 Speyer
Germany
§ 1 Applicability
The following General Terms and Conditions of SCA in the relevant version at the time of conclusion of the contract shall apply to all business relations with the Silver Cloud Air GmbH (hereinafter referred to as SCA). This does also apply in case flights are conducted by a third party according to Section 3 of these General Terms and Conditions, however with the additions as stated in section 3. Any deviations thereof or contradictory terms are not acknowledged by SCA unless expressly confirmed in writing by SCA.
Customer means any person having booked a flight with SCA and therefore being a contractual partner. The General Terms and Conditions apply to all natural persons/ legal entities/ partnerships with legal capacity in the private or public sector unless otherwise stated in the relevant provision.
§ 2 Conclusion of contract
Any and all contractual obligations of SCA shall be conditional upon being in compliance with applicable mandatory law and are entered into under the provision that all necessary regulatory permissions, or necessary crew visa as well as necessary landing, departure and traffic rights may be obtained and complied with. In case SCA is unable to obtain all these necessary permissions and/ or rights, SCA is permitted to withdraw from the charter contract without being liable towards the customer or the passengers.
In case of fulfillment of contract by third parties according to section 3 of these General Terms and Conditions, contractual obligations of SCA arise only if the owner of the aircraft has approved the respective flight. If the owner´s approval has not been given to SCA or if such approval is later revoked by the owner prior to the flight, SCA shall have the right to withdraw from the respective contract without any liability towards the customer or the passengers. The right of SCA to claim damages from the owner of the aircraft resulting from the revocation of the approval shall remain unaffected.Passengers are persons who are on board SCA´s or a third party´s aircraft according to section 3 of these General Terms and Conditions.
The customer is responsible for passing these general terms and conditions as well as other notices (in particular but not exclusively the terms of transportation) from SCA on to the passengers completely, correctly and immediately. The customer has to take care that the General Terms and Conditions as well as other regulations can be acknowledged and accepted by the passengers. If the customer fails to comply with these requirements, the customer shall indemnify SCA of all claims.
§ 3 Fulfillment of contract by third parties
SCA is entitled to subcontract its contractual obligations partially or in whole to a third party (hereinafter also named third party company, third party operator or third party business jet operator), whereas SCA may assign the third party to its sole discretion or conclude an additional contract in the name of the customer. With the conclusion of this contract between the customer and SCA, the customer authorizes SCA to enter into contracts with third parties in the name and by order of the customer. With this in mind, third parties can also be subor other charter operators. The General Terms and Conditions as well as the transport regulations of the third party as well as any other notices apply with regards to the contractual performances of the third companies. SCA shall provide the customer with the General Terms and Conditions and other notices of the third company. The customer is obliged to thoroughly read conditions and other notices of the third company. The content of section 2 (last paragraph) applies towards the passengers with the consequences, when relevant, and as stated in section 2. It is recalled that the General Terms and Conditions of the third party and its other noticed may deviate from these terms and conditions (for example, but not exclusively, in regards to liability, cancelation and rebooking).
In case of such subcontracting to third party operators, the contract of air transport shall exclusively be concluded between the third party and the customer. The agreement shall not constitute contract for SCA directly or indirectly. SCA does not have any control over the aircraft and bears no responsibility for operative affairs and has no influence on aspects of air transport such as availability, price, maturity, liability, cancelation, duration of the flight, operation, control, safety of the flight and other.
The exclusive liability for the performances that arise out of the air transport contract and the control of the aircraft is being held by the third company. SCA merely acts as the intermediary for the conclusion of this contract between the customer and the third company and assumes neither a liability nor a guarantee for the third company. A liability of SCA for damages, loss, injuries or costs, that the customer, the passengers or a third party may suffer, shall be excluded.
If a third party or another involved natural person or legal entity suffers a damage or loss through an action or omission of the customer, his employees, representatives or passengers, the customer shall completely indemnify SCA against all and any (liability) claims, costs (including attorney- and court fees).
§ 4 Charter price – additional costs – terms of payment
The charter price as provided in the contract includes transportation from the agreed departure point to the place of destination, including snacks and beverages (standard catering) as well as the crew costs, crew hotel accommodation, landing fees, navigation fees, and handling agents.
The agreed charter price is laid out in the booking confirmation. With the booking confirmation or shortly afterwards, the customer receives an invoice of SCA, which, unless otherwise agreed, states that the payment shall be made without deduction immediately after reception at the latest until three hours before the beginning of the (ferry) flight departure. A ferry flight might be necessary to make the aircraft available to the passengers. Timely payment of the invoice is an essential condition for the fulfillment of the particular charter contract through SCA or the third company.
Additional costs may arise in case of the involvement of ground transport services between airports as well as between airports and city terminals, the use of above-standard catering, in case of special VIP-handling or by use of communication means on board (such as internet, satcom-telephone etc.). Furthermore, additional costs may arise in case of required extension of airport opening hours, procurement of additional traffic rights and special services as well as aircraft de-icing on the ground or its placement in the hangar. Costs for visa and custom stamps, custom fees, airport and passenger fees, taxes and other charges as well as other duties that the passengers are being charged with, are also to be borne by the customer, lastly including country-specific passenger taxes and charges.
The final invoice for the charter price including all additional costs defined in § 4 para. 2 of these General Terms and Conditions will be delivered after the execution of the flight and is due for payment immediately upon receipt. All further costs incurred by SCA in connection with the flight performed for the customer after issuing the final invoice will be invoiced to the customer separately plus a service fee of 10% and must also be settled by the customer immediately after receipt of the invoice.
In case of a delayed payment, SCA may charge the customer with interests according to § 288, § 247 BGB/ German Civil Code. If SCA suffers a severe damage, SCA is entitled to make the appropriate claims. The liability to pay damages ceases or reduces itself if the customer proves that SCA has not suffered a or has suffered a lesser damage as a result of the delayed payment. If any payment is delayed or insufficient, SCA is moreover entitled to cancel the contract and to cancel the booking to the detriment of the customer, who will bear the charges and fees as stated in section 5. SCA is also entitled to refuse the transport of the passengers. Valid currencies are Euro and US-Dollar.
The applicable currency is defined in the respective booking confirmation. Invoices may be paid via wire transfer or credit card (Visa, MasterCard or American Express). In case of credit card payment, an additional service fee of 5% of the invoiced amount will be charged.
§ 5 Withdrawal – cancelation – rebooking – rerouting
SCA may withdraw from the charter contract immediately without the customer or the passengers being able to therefore make claims, for any compelling reason, including, though not exclusively, when
In such cases, SCA shall not be obligated to offer a later flight.
If at any time prior to the scheduled time of departure, the aircraft become unavailable or unserviceable for any reason whatsoever, SCA will endeavor to find another suitable aircraft. In this case, potential additional costs will be borne by the customer. Should it be impossible for SCA to provide a substitute aircraft or if the customer refuses the supposed alternative(s), SCA shall return the charter price to the customer. However, the customer shall remain liable to pay for any part of the flight schedule that has already been operated or any costs already incurred (for example: for parts of the flight plan that have already been fulfilled, also positioning flights). The customer does not have any further claims against SCA.
If a flight cannot be performed as a result of the withdrawal or the late granting of the necessary governmental authorizations, the present contract will be considered as terminated without respect to the flight. In such case, SCA will be relieved of any obligations whatsoever towards the customer by refunding that part of the charter price which has already been paid minus the costs that had already incurred (for example: for parts of the flight plan that have already been fulfilled, also positioning flights).
Withdrawal is impossible after having received the booking confirmation so that the complete charter price has to be paid. SCA may approve the enquiry for cancelation of the contract by way of exception, whereas SCA may then charge the customer the following fees:
Proof of the concrete existence of these fees is not necessary.
SCA may apply any monies already received from the customer in satisfaction of such cancelation fees.
The afore mentioned time frames are related to the registration of the written cancelation notice at SCA. The withdrawal through the customer needs to be in written form and may occur via mail, email or fax.
In case of a cancelation of a flight with a third party according to § 3, these General Terms and Conditions have preference over the abovementioned rules and will be incorporated into the particular charter contract. The customer is obligated to pay cancelation fees to SCA.
Furthermore, the customer is obligated to pay an administrative fee of 5% of the total charter price to SCA. SCA expressly reserves the right to claim additional costs incurred in relation to such cancelation from the customer. SCA is entitled to apply any monies already received from the customer in satisfaction of such cancelation fees and administrative fees.
A flight may be rebooked free of charge up to 24 hours before the scheduled departure. Thereafter, a rebooking fee of € 500,00 may be charged. Beyond the fee of € 500,00, SCA may impose all costs that have been incurred because of the rebooking, including the costs that are related to the original positioning of the aircraft and/ or the crew and/ or the customer. Any rebooking is subject to availability of the aircraft and crew as well as the fulfillment of all necessary preconditions. In the event, that the customer requests a change of the destination in connection with any rebooking, the customer may be obligated to pay a higher charter price and if so, shall pay to SCA the respective difference between the previously paid charter price and the new charter price immediately upon receipt of the respective invoice and before performance of the flight. Should SCA accept the cancelation of the booking flight of the customer (for example: discontinuation of flight routes, overnight stays etc.), fees may be charged in the abovementioned amount if SCA would have performed the flight. The calculation basis for this is either the charter price of the original booking or the charter price of the rebooked flight, depending on which charter price is higher. Should the rebooked flight have been performed by a third party, the same applies.
SCA expressly reserves the right to claim reimbursement for any additional costs incurred.
In the event, that the aircraft is for any reason diverted from any airport, airfield or destination shown in the initial flight schedule to another, the journey to the scheduled destination shall be deemed to be complete, when the aircraft arrives at such other destination. The customer agrees to indemnify SCA or the third party operator in fall against any supplementary costs incurred as direct result of the diversion.
§ 6 Passport, visa, curreny & health regulations
Passengers that do not possess the necessary travel documents, such as passport or visa, cannot be transported. In this case, the obligation of transport can be omitted without replacement, without SCA being liable towards the customer or a passenger.
SCA issues the travel documents on the basis of the customer-submitted passenger lists. The customer is obliged to provide the passenger list and all necessary information and documents not later than 24 hours before departure, if SCA has not stated another deadline.
Entry requirements may change at short notice. It is therefore recommended to inform oneself shortly before commencement of the travel in regards to the current entry requirements (for example on the website of the Federal Foreign Office or on the websites of the embassies of the particular destination / transit countries).
The customer shall be responsible for providing SCA with correct and complete information as well as for ensuring that the passenger carries with him/her all necessary travel documents, such as passports, visa, vaccination documentation etc.
The customer is liable for any damages resulting from any incorrect or incomplete information provided to SCA or from the delayed or improper provision of such information. The customer shall indemnify SCA in regards to all costs incurred in connection with passengers not complying with all legal requirements of the country of departure, transit countries and the country of destination, including but not limited to the currency and health regulations.
§ 7 Transportation of dangerous goods and other items
No items may be carried onboard that might potentially endanger the aircraft or any person on board the aircraft. Each customer is obliged to inform all passengers prior to boarding the aircraft about the list of prohibited articles in carry-on and / or travel baggage on the grounds of the EU-regulation No. 185 / 2010 attachment 4-C, 5-b (see attachment) and the IATA-provisions for the carriage of dangerous goods. If a passenger carries any prohibited items as defined under the applicable law on his / her body or in his / her baggage, in particular, but not exclusively, weapons or similar objects or liquids of any kind (excluding those liquids that the passenger may carry with him / her in his / her carry-on), the passenger must notify the captain accordingly prior to the commencement of the air trip. The Captain shall decide on how these goods are to be transported and he / she shall be authorized to refuse transportation if safety-risk for passengers or the aircraft is to be suspected. Any objects, bulky luggage etc. shall be admitted as carry-on luggage only, if significant damages, contamination or hazard of other luggage, persons or the aircraft can be positively ruled out.
SCA is neither liable nor responsible for damages or complications that arise if unlawful items in the sense of § 7 are included in the luggage. The customer and / or the passenger indemnify SCA of any claims that may be brought against SCA due to an offence against the aforementioned regulation.
§ 8 Captain´s authority
The passengers are obliged to follow the orders of the Aircraft Commander and the crew at any time. In case of non-compliance, the customer and passengers are joint debtors for SCA, third company according to § 3, a person for which SCA or the third companies are responsible or for damages that another passenger has suffered.
The passengers are obliged to follow the orders of the Aircraft Commander and the crew at any time. In case of non-compliance, the customer and passengers are joint debtors for SCA, third company according to § 3, a person for which SCA or the third companies are responsible or for damages that another passenger has suffered.
Smoking on board is prohibited.
§ 9 Right to deny transportation
SCA is entitled to deny a passenger’s transport if that passenger has previously acted against the orders of the Flight Commander (§ 8) or if a transportation is unacceptable due to other reasons combined with the assumption that this behavior may repeat itself. In this case, the customer will be notified immediately after having entered the passenger list.
SCA may also refuse the transportation, if one or more of the following reasons are present and SCA reasonably assumes:
§ 10 Liability for delay
SCA is liable for the cancelation or delay of flights only in case of gross negligence or intentional behavior by SCA and only then, if the flight has not been performed by a third party (§ 3) and if that third party´s behavior was causal for the cancelation or delay.
The above exclusion of liability also applies in particular for all cases of force majeure (see § 5), administrative orders and safety risks.
The aforementioned regulation applies to all employees, representatives, agents or other contractual partners, whose aircrafts SCA uses for contractual fulfillments.
The provisions of the Warsaw Convention or the Montreal Convention as well as the EU-Regulation 2027/97 shall remain unaffected.
In case the aircraft is not able to depart at the place of departure at the scheduled time due to passengers, baggage or freight not being ready for boarding in time, or missing travel or other necessary documents, which are in the responsibility of the customer and / or the passenger or due to other actions or omissions of the customer or acting third parties, the customer has the obligation to compensate SCA with all losses, damages, liabilities and costs, including the costs that SCA bears through third party operators according to § 3, as well as the costs, that are being claimed by other passengers. The same obligation arises for the customer and /or passenger, if the cancelation or delay is based on actions that are qualified to put an aircraft or other objects or a person at risk or in case of non-compliance with rightful orders of the flight commander or in case of infringement of legal statutes in regards to the use of an aircraft (also prior, during and after the flight). The customer and / or the passenger indemnify SCA of all claims of a third party that may arise due to the aforementioned actions or omissions and which are being brought against SCA.
In the cases of the previous paragraph, SCA or the relevant third party operator may at its sole discretion and without any liability either depart as scheduled or delay the departure. In case of departure, it shall be deemed that departure took place with all the passengers on board, corresponding with the entered passenger list, and no refunds of any type shall be due to the customer due to such passengers missing the flight. In case of delayed departure, any additional expenses attributable to such delayed departure shall be borne by the customer.
§ 11 Liability SCA and the customer in other cases
In addition to the regulation in § 10, liability cases in which the damage is not a result of delay or a cancelation of a flight, follow the rules as set forth:
The passengers are obligated to take back there luggage as soon as it is made available at the destination airport or at the location where the flight disruption took place. This does also apply for freight shipments, for whose collection a passenger or an assigned third party is responsible. SCA is not liable for items that have been left behind.
Guaranties, liability regulations and warranties whose scope go beyond the liability regulation as set forth in these General Terms and Conditions are excluded, as far as they are not dispensable.
SCA is not liable for consequential damages, coincidental losses or damages or losses such as lost profit, lost opportunities etc. The customer is obligated to indemnify SCA of all claims, including relevant extrajudicial or judicial costs, especially attorney and court fees. This does also apply in cases in which SCA itself takes advantage of legal assistance.
This liability exclusion is not valid if a damage is based on a negligent or intentional action that results in physical damage. In these cases, statutory provisions apply.
SCA is not liable for other airlines, handling companies or their agents.
The same applies for employees, representatives and agents or other contractual partner, whose aircrafts SCA uses for contractual fulfillment.
Regardless of a potential other liability agreement between customer and passenger or customer and crew, the customer is liable for damages to the aircraft (including the aircraft interiors) that have occurred due to intentional or negligent behavior of passengers or crewmembers.
The accuring costs will be issued and charged like the additional costs mentioned in § 4 In case of an infringement against the smoking ban by a passenger, the customer or a crewmember, a fee to the amount of € 500,00 has to be paid to SCA.
general fee of € 250,00 will be charged in case of transport of an animal.
SCA reserves all objections and disclaimers that are applicable on the grounds of the Warsaw Convention and the Montreal Convention, excluding the cases that are mentioned in Article 25 of the Warsaw Convention or § 22 (no. 5) of the Montreal Convention, if these regulations are applicable. This does also apply for the situation as mentioned in § 10.In case of carriage of children of between 10 to 20 kg body weight and a height of up to (max) 100 cm, SCA provides CARES children saftey belts.
For children under the age of 1 year and/ or 10 kg body weight, the passenger has to provide a child seat that is admissable on board. The child seat has to be mounted and attached to the aircraft seat by the passenger for the whole duration of the flight. SCA does not assume any liability for damages that occur due to the incorrect attachment of the child seat to the aircraft seat or its securing or its inadmissibility for flight transportation.
Please view the list of the TÜV Rheinland of child seats that are qualified for flight transportation.
This preceeding exemption from liability also applies if children over the age of 1 year or with more than 10 kg are being carried on a child seat that has been made available by the passenger, even in case of securement through the CARES children safety belts, provided for by SCA.
§ 12 Personal data
The customer and Silver Cloud Air are equally obliged to comply with their duties to inform passengers whosepersonal data are collected and processed in accordance with Art. 13 and 14 DSGVO. In all other respects, the customer and Silver Cloud Air must equally comply with the requirements of the DSGVO and the BDSG. In the event of any breaches of this provision, the person in whose sphere of responsibility this breach occurs shall be solely liable.
§ 13 Jurisdiction
For all legal relations that arise from this contract or the performance of transportation, the law of the Federal Republic of Germany applies in edition to these General Terms and Conditions, as do the regulations of the Montreal Convention, Warsaw Convention and the relevant EU-regulations.
The regulations of the Warsaw Convention or the Montreal Convention apply, depending on in which country the destination point / transit stops of the particular flight lay. SCA feels obligated to point out that, where relevant, according to the Montreal Convention, the liability of the Aircraft Commander for death and personal injuries to travellers as well as for loss, destruction or damage of luggage as well as for delayed flights may be limited.
The exclusive place of jurisdiction for all disputes arising from the contractual relationship with a merchant, a corporate body under public law of a special fund under public law is Mannheim. SCA however is also entitled to file a lawsuit at the place of general jurisdiction.
As of 1st July 2019
Notices:
Carriage hereunder shall be subject to the rules and limitations relating to liability and all other provisions established by the Montreal Convention insofar as such carriage is ‘international transportation’ as defined therein and is governed thereby.
Notices applicable only for carriage in the European Community:
Basis for the information
The basis for the rules described below is the Montreal Convention of 28 May 1999 which is implemented in the European Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the member states of the European Community.Disclaimer:
This is a notice required by European Community Regulation (EC) No. 889/2002 for carriage by air in the European Community. This notice may not be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it shall not be part of the Contract between SCA (to be understood as “air carrier”) and/or the Customer/Passenger(s). No representation is made by SCA as to the accuracy of the contents of this notice.NOTICE according to annex of EC Regulation 2027/97 as amended by EC Regulation 889/02
Air carrier liability for Passengers and their baggage
This information notice summarises the liability rules applied by European Community air carriers as required by the European Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for Passenger injury or death. For damages up to 113,100 Special Drawing Rights (SDRs) the air carrier cannot contest claims for compensation.
In case of a claim which is above that amount, the air carrier can defend itself against that claim by proving that it was not negligent or otherwise at fault.Passenger delays
In case of a Passenger delay, the air carrier is liable for damages unless the air carrier took all reasonable measures to avoid the damages or it was impossible to take such measures.
The liability for a Passenger delay is limited to 4,694 SDRs.
Destruction, loss or damage to baggage The air carrier shall be liable for destruction, loss or damage to baggage up to 1,131 SDRs.
In the case of checked baggage, it shall be liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier shall be liable only if at fault.Higher limits for baggage
Passenger baggage weight is limited for flight safety reasons and varies according to aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft. A Passenger may benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the Passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the Passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the Passenger‘s disposal.Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Carriage shall be subject to SCA’s current General Terms and Conditions.LIST OF PROHIBITED ARTICLES
Passengers are not permitted to carry the following articles in their hold baggage, unless the Customer has notified SCA adequately in advance that any Passenger wants to carry any of those articles and SCA has obtained an approval from the relevant authority that such article may be carried in the hold baggage:
Explosives and incendiary substances and devices — explosives and incendiary substances and devices capable of being used to cause serious injury or to pose a threat to the safety of the aircraft, including:
ammunition,
blasting caps,
detonators and fuses,
mines, grenades, and other explosive military stores,
fireworks and other pyrotechnics,
smoke-generating canisters and smoke-generating cartridges,
dynamite, gunpowder and plastic explosives.WWithout prejudice to applicable safety rules, Passengers are not permitted to carry the following articles into security restricted areas and on board an aircraft, unless the Customer has notified SCA adequately in advance that any Passenger wants to carry any of those articles and SCA has obtained an approval from the relevant authority that such article may be carried on board the aircraft:
- Guns, firearms, and other devices that discharge projectiles; devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including:
firearms of all types, such as pistols, revolvers, rifles, shotguns, toy guns, replicas and imitation firearms capable of being mistaken for real weapons, component parts of firearms, excluding telescopic sights, compressed air and CO2 guns, such as pistols, pellet guns, rifles and ball bearing guns, signal flare pistols and starter pistols, bows, cross bows and arrows, harpoon guns and spear guns, slingshots and catapults; - stunning devices; devices designed specifically to stun or immobilise, including:
devices for shocking, such as stun guns, tasers and stun batons, animal stunners and animal killers, disabling and incapacitating chemicals, gases and sprays, such as mace, pepper sprays, capsicum sprays, tear gas, acid sprays and animal repellent sprays; - objects with a sharp point or sharp edge; objects with a sharp point or sharp edge capable of being used to cause serious injury, including:
items designed for chopping, such as axes, hatchets and cleavers, ice axes and ice picks razor blades, box cutters, knives with blades of more than 6 cm, scissors with blades of more than 6 cm as measured from the fulcrum, martial arts equipment with a sharp point or sharp edge, swords and sabres; - workmen’s tools — tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:
crowbars drills and drill bits, including cordless portable power drills, tools with a blade or a shaft of more than 6 cm capable of use as a weapon, such as screwdrivers and chisels, saws, including cordless portable power saws, blowtorches, bolt guns and nail guns; - blunt instruments — objects capable of being used to cause serious injury when used to hit, including:
baseball and softball bats, clubs and batons, such as billy clubs, blackjacks and night sticks, martial arts equipment; - eexplosives and incendiary substances and devices; explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of the aircraft, including:
ammunition, blasting caps, detonators and fuses, replica or imitation explosive devices, mines, grenades and other explosive military stores, fireworks and other pyrotechnics, smoke-generating canisters and smoke-generating cartridges, dynamite, gunpowder and plastic explosives. - infectious substances and infected live animals.
- Guns, firearms, and other devices that discharge projectiles; devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including: