General Terms of Transportation (effective June 2012)
K5-Aviation GmbH (hereinafter ¨K5¨)
The following General Terms of Transportation of K5 in the relevant version at the time of the contract are a constituent part of any transportation with K5.
1. Transportation of dangerous goods and any other objects
No dangerous goods that may endanger the aircraft or passengers shall be carried on board. Passengers shall, prior to boarding the aircraft, check their carry-on and checked baggage versus the list of forbidden items provided. Passengers carrying any dangerous goods on their person or in their baggage, as defined under §27 par. 4 of LuftVG (German Air Traffic Act), especially weapons or similar objects, shall notify the captain accordingly before boarding the aircraft. The captain shall rule on how these goods are to be transported, and is authorized to refuse transportation if suspecting a safety risk for passengers or the aircraft. Luggage will be admitted as carry-on luggage only if it poses no risk of causing substantial damage or danger, or the soiling of passengers and/or the aircraft.
2. Captain´s authority
The captain of the aircraft is authorized to take all necessary safety precautions. Accordingly, the captain is fully competent to decide on the payload, seating capacity, passengers, their belongings, and the loading, unloading, or distribution of baggage and freight. The captain shall similarly decide on if and how the flight is to be flown, deviations from the flight plan, and where to land. Furthermore, the captain may refuse to carry unregistered passengers, or cancel or divert a flight if the conduct of a passenger(s) is deemed to adversely affect the safety and personal rights of other passengers. In such an event, the charterer shall pay the contractual charter fee plus any extra costs incurred for measures taken to address the situation at hand.
3. Transportation and travel documents
K5 shall organize the transportation documents. The charterer shall provide K5 with a complete passenger list and forward all necessary information and documentation not later than 24 hours before departure or not later than the deadline set by K5. The charterer shall submit correct and complete information to K5, and also ensure that the passengers hold and fulfil all travel documents/requirements such as passports, visas, vaccinations, etc. The charterer shall bear the costs for any damage or delay arising from incorrect, incomplete, or improper information provided to K5. The charterer is liable for compliance with the valid currency and health regulations.
K5 shall be liable for flight delays or other malfunctions of the aircraft for causes attributable to K5 only, whereby the provisions of the Montreal and Warsaw Agreement, as applicable, shall remain in effect.
The charterer shall compensate K5 for demurrage charges incurred at the respective airport and extra fees for ground time and block time, if the chartered aircraft is kept waiting beyond the contracted departure time because the booked passengers, their baggage, or freight shipments are not available on time for the scheduled departure, or if the appropriate travel or other necessary documents are missing or lacking because of acts or omissions by the charterer or its employees or agents or the passengers. Additionally, the charterer has to compensate K5 for all further costs arising due to the failed transportation or delay.
5. Refusal of transportation
At its discretion, K5 shall be entitled to refuse to transport passengers upon good cause, without any infringement of its rights. This shall apply particularly if the mental or physical condition or behavior of the passengers in question might endanger safety or be in violation of legal regulations.
6. Special services
K5 shall invoice the charterer for any special services rendered or organized, such as VIP service, special catering, on-board telecommunications via satellite phones, etc.
K5 shall not be liable for cancellation or delay of a flight arising especially from events beyond its control, hindrances caused by the authorities or third parties, strikes, lockouts, and war or warlike situations, unless K5 is directly responsible for the cancellation/delay or has acted wilfully or with negligence. Furthermore, K5 shall not be liable for actions of other airlines, security clearance and handling firms and their vicarious agents, or for personal belongings left on board by the passengers. The charterer shall be held fully liable for any damage caused to the inside or outside of the aircraft by the passengers or by any members of the crew it deploys. K5 shall not be liable if all reasonable measures have been taken to prevent damage, or if it was not possible to take such measures.
The exclusion and restriction of K5´s liability will apply analogously for K5´s representatives, employees and any other person, whose aircraft K5 uses, including their representatives, employers and any other person.
The charterer is liable for damage to the aircraft, also without the passenger´s fault being proved. The same is applicable for additional crew deployed by the charterer. The charterer´s liability is independent of a liability agreement between charterer and passenger or crew.
8. Governing law, jurisdiction
The charter services provided shall be governed by the Laws of Germany, with special reference to provisions of the German Air Traffic Act, regulations of the Montreal Agreement, the Warsaw Agreement and the EU Council directive 2027/97, as well as these Terms of Business of K5
If the charterer is a business person or legal person, jurisdiction for any disputes that arise shall be exclusively in Landshut, Germany.
If any provision of these Terms of Business is or becomes void, the remaining provisions shall continue in full force and effect. The parties agree to replace invalid provisions with valid provisions most closely approaching the invalid provisions.