General Terms and Conditions of German Sky Airlines GmbH (as of June 2009)

German Sky Airlines GmbH (hereinafter also referred to as “GSA”) acquires seat quotas from third-party carriers and brokers them under their own name to airline passengers. As part of this area of operations, the following terms and conditions regulate the legal relationship between GSA and the respective airline passengers. GSA does not act as an operating airfreight carrier itself.

1. Conclusion of the contract agreement

Seats are reserved electronically (e-mail, Internet) by means of existing tourism reservation systems or via the Internet presence of GSA directly.

GSA immediately confirms receipt of the reservation to the traveler electronically. If there is more than one passenger, the person booking the flight is responsible for all contractual obligations of the passengers listed in the reservation. In addition, the person booking the flight is required to properly disclose all important information necessary for operating the tour to the passengers also registered for the flight.
The contract comes into affect upon declaration of acceptance by GSA. No specific form is required. Immediately after conclusion of the contract, GSA confirms the reservation to the person booking the flight in writing. GSA is not obligated if the reservation by the passenger is made less than seven workdays before boarding. If the confirmation deviates from the reservation, it is a new offer from GSA which can be accepted by the passenger by explicit declaration, payment of the fare or at boarding.

Children’s discounts are always based on the age of the child when boarding the flight booked. If an infant also traveling completes its second year of life before the return flight when booking a round trip, the reservation must be made for a two-year-old child for safety reasons (seat).
Options are not available.

2. Payments

2.1.
Payment of the fare is made by the traveler or passengers to GSA directly with reference to the respective reservation/invoice numbers. Payments to a third party are only deemed payments to GSA if the third party has the authority to collect payments in behalf of GSA.
Credit card payment by VISA or MasterCard is the exclusive method of payment except when otherwise stipulated.
The fare to be paid is immediately due to GSA upon confirmation of the reservation. There is no entitlement to carriage without complete payment of the agreed on fare.

2.2.
If the agreed on fare is not paid in full by the due date, GSA is authorized to terminate the contract after appropriate notification and deadline with penalty of denial of service.
In this case, GSA is entitled to demand cancellation costs as damages in accordance with Clause 6.

3. Services

3.1.
The scope of the contractual services is based on the content of the offering from GSA and the content of the reservation confirmation.
Short-notice changes to the flight times of the route, aircraft, airline and stopovers for direct flights are expressly reserved as long as the overall air transportation booked is not impacted significantly.

3.2
If GSA is unable to notify the passenger of a flight time or flight plan change at all or in a timely manner due to circumstances caused by the passenger alone, GSA is not liable for any resulting damages provided that all reasonable steps were taken to provide access. In this context, the passenger is required to ensure by suitable means as part of his/her existing requirement to cooperate that he/she is able to be notified of short-notice changes.
When booking a round trip, the passenger is required to reconfirm the return flight time within 36 hours before the scheduled return flight at the telephone number specified on the reservation confirmation or ticket.

3.3.
Children between 0 and 2 years of age (babies or infants) are not entitled to their own seat if a flat rate service charge or no fee at all has been paid. In addition, children between the ages of 0 and 2 years are generally not entitled to a baggage allowance unless expressly confirmed by GSA.

3.4.
If the passenger does not avail himself/herself of individual services without GSA having been the cause of such, the traveler has no claim to a prorated refund.

3.5.
The EU regulation for notifying passengers of the identity of the carrier requires GSA to notify the travelers of the identity of the airline and of all agreed on air transportation services when booking the flight. If the airline has not yet been determined at the time of booking, GSA is required to inform the traveler of the airline likely to operate the flight. GSA is required to notify the traveler of the airline operating the flight as soon as such information becomes available. If the designated airline changes, GSA must immediately notify the traveler about the change.

4. Baggage

4.1.
Each passenger is entitled to a baggage allowance of up 20 kg (44 lbs) unless otherwise specified on the ticket. Children up to 2 years of age not entitled to their own seat are also not entitled to a baggage allowance unless there is an explicit commitment by GSA. There is no entitlement to the carriage of excess baggage. To the extent the operating carrier allows the transport of excess baggage, regular additional cost per kilogram must be paid to the operating carrier.

4.2.
In addition to the checked baggage, each passenger is allowed one carry-on with the maximum dimensions of 55 cm x 40 cm x 20 cm (21.7 in. x 15.7 in. x 7.9 in.) and a maximum weight of 5 kg (11 lbs).

4.3.
Special baggage must always be declared. Entitlement to the carriage of special baggage only exists when expressly confirmed by GSA. Special baggage includes in particular sporting equipment such as bicycles, golf equipment, surfboards, skis, scuba diving equipment as well as roller skates and larger musical instruments. The overriding factor for the carriage of special baggage is the available capacity and applicable safety regulations. The carriage of special baggage is also subject to a charge. Notification of special baggage is only possible up to 24 hours before departure.

4.4.
In general, important medications and valuable or fragile items may not be contained in checked baggage, but must be transported as a carry-on or separately declared. This includes: money, jewels and other valuable jewelry items, precious metals, computers, laptops, business documents, identity documents and passports, mobile phones or cameras. GSA assumes no liability for objects contained in checked baggage contrary to this requirement.

4.5.
Not permitted is the carriage of objects that put the aircraft and persons or objects on board the aircraft in danger, e.g. explosive agents, compressed gases, flammable, corrosive or toxic radioactive substances as well as any objects or substances classified as dangerous goods as determined by dangerous goods regulations.

The passenger is prohibited from transporting weapons of any kind including in particular fire arms, as well as cut and thrust weapons. In the passenger compartment itself, any objects that can be used as weapons contrary to their intended use (e.g. play guns, razor blades, nail clippers, handle combs, syringe, etc.) are prohibited.

5. Carriage restrictions

For women traveling after the 28th week of pregnancy, the traveler must have a physician’s clearance certificate not greater than seven days old when boarding the flight. Otherwise, the traveler may be denied carriage.
When booking a round trip where the return flight is more than seven days later, it should be noted that traveler must obtain an additional physician’s clearance certificate at the destination for the return flight. Otherwise, the traveler is not entitled to carriage.
Upon completion of the 32nd week of pregnancy, carriage is generally no longer permitted.

6. Cancellation by GSA

GSA can cancel the contract before boarding or withdraw from the contract after boarding in the following cases:
a) Up to two weeks before boarding of the flight: When after exhaustion of all possibilities operation of the booked flight is not reasonable for GSA due to the low number of reservations that the resulting costs of operating the tour would exceed the tolerable economic burden for GSA. However, the right of cancellation by GSA only exists to the extent that affected travelers are offered a comparable alternative offer. If the trip is cancelled for this reason, the fare paid is immediately returned to the traveler. In addition, the traveler will be reimbursed booking costs at a flat rate if the traveler does not make use of an alternative offer from the tour operators.
b) If a deadline is not met: If the passenger interferes with the operation of the flight despite a previous warning or behaves contrary to contract to a great extent so that further carriage for GSA, the operating airline or other passengers is no longer reasonable. If GSA cancels the contract in such case, GSA reserves claim to the fare. However, GSA must deduct the value of the expenses not paid and their benefits that it has acquired from any other use of the unused services.

7. Cancellation by the passenger

7.1.
The passenger can terminate the contract at any time before the start of the booked flight by specifying the reservation number. Relevant is access to the cancellation at GSA. We recommend that the cancellation be made in writing to GSA in this case. Relevant is access to the declaration at GSA in consideration of usual business hours (Mon. – Fri. to 6:30 p.m.).
If the passenger withdraws from the contract or does not board the flight, GSA is authorized to demand firmly calculated or fixed compensation (cancellation fees) as a reasonable substitute for travel arrangements made and expenses. Additional trip cancellation insurance, whose completion is recommended, can bear the cancellation fees as part of the respective insurance conditions.

7.2.
If GSA selects the actual calculation, the amount of compensation is determined by the fare less the value of the saved expenses and other use of contractual services.

7.3.
The flat rate cancellation fees apply per registered passenger per booked route upon cancellation.
Up to 14 days before the scheduled departure: 50% of the agreed on fare
after 14 days before the scheduled departure 100% of the agreed on fare

7.4.
For specially marked offers (e.g. “special offer price”), a partial or full refund of the fare is generally not possible.

7.5.
It is up to the passenger to demonstrate that very little or no damage has resulted from cancellation of the contract.

7.6.
Tickets that have already been issued must be returned by the passenger and may no longer be used. Otherwise, no refund will be made.

8. Rebooking / name changes

Rebooking by the passenger to another flight, naming of a replacement passenger or name changes is generally not permitted. Only the cancellation option for the conditions designated in Clause 6 and simultaneous rebooking are available.
If GSA approves the naming of a replacement passenger or a name change, a processing fee of 50.00 € per person per route is applied.

9. Warranty / liability

9.1.
The liability of GSA on the basis of transporting passengers and their baggage is subject to the liability limitations of the Air Traffic Act of Germany and the international Montreal Convention. The liability for consequential damages is limited to gross negligence and malicious intent; the regulations of the Montreal Convention remain unaffected.

9.2.
If carriage for a passenger represents a danger to the same due to his/her mental or physical condition, GSA is not liable for any personal injury caused during carriage due to this condition.

9.3.
Liability for the destruction, loss, damage or late arrival of baggage is limited to the amount of 1,000 SDR (currently approx. 1,200.00 EUR or US $1,700.00). If the value of the baggage exceeds this amount, GSA recommends the purchase of baggage insurance.

9.4.
The damage, loss or late arrival of baggage must be reported to the operating carrier or its handling agent immediately upon determination at each destination airport and documented using the international damage report (PIR form). For damage to checked baggage, a related claim must be submitted or sent to GSA within seven (7) days, for baggage delays 21 days after delivery of the baggage.
If the passenger’s baggage is received without written claim after delivery, it is assumed that the baggage was delivered undamaged.

9.5.
Suits directed at compensation for damages of any kind for international air travel must be brought within a period of two years starting from the day of the contractually agreed on arrival of the flight at the agreed on destination.

10. Passport, visa and health regulations

The passenger himself/herself is responsible for compliance with all regulations important for operating the tour (e.g. passport, visa and health regulations) and for the completeness of travel documents. If unable to comply, the respective airline is authorized to refuse carriage and to invoice the traveler for all resulting costs and lost profits.

11. Closing provisions

11.1.
For claims by GSA against the passenger, the residence of the traveler shall prevail unless the claim is directed against merchants registered under the German Commercial Code or persons that have relocated their residence or usual whereabouts after conclusion of the contract or unless their residence or usual whereabouts is unknown at the time of filing the suit. In this case, the headquarters of GSA shall prevail.
Any other regulations according to international conventions or provisions of the EU remain unaffected.

11.2.
The inefficiency of individual provisions of the contract does not invalidate the entire contract.

German Sky Airlines GmbH, Lierenfelder Strasse 45, 40231 Düsseldorf, Germany