K5-Aviation GmbH (hereinafter ¨K5¨)
The following Terms of Business and Transportation of K5 in the relevant version at the time of the contract are a constituent part of any contract with K5. Any deviations therefrom or contradictory terms shall only be valid if confirmed in writing by K5.
The Terms of Business are applicable for contracts with consumers and entrepreneurs, unless otherwise stated in the relevant provision.
1. Conclusion of the contract
Orders can be placed by the charterer via facsimile, e-mail, telephone or similar media. Bookings will be handled by K5 or by a charter broker engaged by K5. The Charterer’s booking request shall be checked comprehensively by K5. Subsequently, K5 will send a quote to the charterer by e-mail or facsimile. The charterer is obliged to verify the booking confirmation as quickly as possible and to indicate errors or discrepancies immediately. The Charterer has no right to subsequent changes. The contract is concluded when the charterer confirms the booking request in writing.
The transportation services offered shall be subject to availability of the aircraft and crew, until K5 sends written confirmation thereof to the Charterer. Thereafter, the order placed shall be subject to technical feasibility, granting of air traffic rights, slots, and other official clearances.
Acceptance of an order by K5 gives the charterer the right to transportation for himself/herself and any third party he/she designates. The transportation contract shall also encompass the baggage of passengers, unless otherwise specified.
The right to transportation covers the ordered transportation from the agreed point of departure to the agreed destination with the ordered aircraft including crew at the agreed time. Any service over and above this must be agreed upon separately in writing.
3. Contract fulfilment
K5 shall be entitled to subcontract its contractual obligations in part or in whole to a third party. If K5 cancels a charter contract after the flight has commenced, as a result of technical problems with the aircraft or for operational reasons or due to events beyond its control, the charterer shall compensate K5 for the pro rata share of the charter fee based on the ratio of actual time flown versus the total planned flying time.
4. 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 a safety risk for passengers or the aircraft is suspected. Luggage will be admitted as carry-on luggage only if significant damage or danger to or the soiling of passengers and/or the aircraft by said luggage can be ruled out.
These items may not be transported:
For safety reasons, the laws of all countries prohibit the transportation of the following items in checked-in or carry-on baggage: Briefcases with built-in alarm devices, explosives, fireworks, flares, pressurized containers containing irritant gases, self-defence sprays, camping gas containers with flammable liquids such as lighter fuel, paint, varnish, cleaning agents, items that ignite easily such as matches, substances that emit flammable gases upon contact with water, oxidizing substances such as bleaching powder, peroxides, poisonous (toxic) and infectious substances such as quicksilver, bacteria and virus cultures, radioactive materials and items, corrosive substances such as acids, alkalis, wet cell batteries, strongly magnetic materials, petrol-operated equipment and tools that have contained even minimal amounts of petrol (e.g. for test purposes), and electro-shock weapons such as Tasers.
5. 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 transport passengers without reservations, 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.
6. Travel documents
The charterer shall provide K5 with a complete passenger list and forward all necessary information and documentation (including passport copies or scans) no later than 24 hours before departure or no 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. Otherwise the cancellation fees according to article 9 apply. 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.
The payment details for the respective contract are laid out in the booking confirmation. Unless otherwise agreed, the invoice shall be paid in full immediately upon receipt. Generally, prepayment is necessary for all flights. Should K5 not have received complete payment by five hours before departure, K5 may revoke the charter contract and refuse transportation.
If the charterer is behind schedule with the payment, K5 may bill interest for the delay amounting to 10% per annum. K5 may claim further damages caused by the delay. The charterer shall not be entitled to offset this amount against other receivables from K5.
Valid currencies are the Euro and the US dollar. The currency the contract is based upon shall be defined in the booking confirmation. The charter price shall be payable by bank transfer to K5´s bank account only. K5 may decide on exceptions at its own discretion.
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 on the part of 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.
9 .Cancellation / Rebooking
K5 may terminate the charter contract immediately without any infringement of its rights for pressing reasons, for example, if insolvency proceedings are instituted on the charterer´s assets or the latter encounters other financial difficulties, the charterer fails to pay the flight price in time with the agreed conditions, force majeure prevents the flight from being carried out, or the German Department of Foreign Affairs has published current travel advisories or security advice for the destination, which may result in a threat to the aircraft or passengers. This includes the termination in case of prevention for spreading infectious diseases (e.g. COVID-19). In such cases K5 shall not be obliged to perform the requested flight or provide a later flight.
After acceptance of a quote by signing the quotation, the charterer may cancel the flight only under the following conditions. Cancellations by the charterer have to be in writing and can be made by facsimile or e-mail. The following cancellation fees apply:
From signing of the contract by the charterer: 10% of the charter price.
From 21 days until 5 days prior to departure/positioning: 20% of the charter price.
From 5 days until 72 hours prior to departure/positioning: 30% of the charter price.
From 72 hours until 24 hours prior to departure/positioning: 40% of the charter price.
Within 24 hours prior to departure/positioning: 50% of the charter price.
After the first departure/positioning leg: 100 % of the charter price.
The time when K5 received the written cancellation shall govern its applicable charge. These cancellation fees are lump-sum amounts, whereby K5 expressly reserves the right to file additional claims. The charterer shall have the right to prove that K5 did not suffer any loss or significantly less damage.
If the charterer cancels a third-party aircraft that K5 has organized, the applicable fee of the third party shall be payable in full by the charterer. K5 expressly reserves the right to file additional claims.
A flight may be rebooked free of charge up to 24 hours before the scheduled departure, and thereafter for a rebooking fee of EUR 500. Rebooking shall be subject to availability of the aircraft and the granting of landing permits and slots. The fee for cancellation of a rebooked flight shall be a minimum of 40% of the charter fee.
10. Refusal of transport
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 of said passengers or their behaviour might endanger safety or be in violation of legal regulations
11. Re-writing invoices
The charterer has no right to claim the changing of the addressee for an invoice. The charterer is obliged to name the actual contracting party to which the invoice is to be addressed. K5 will only re-address an invoice to reduce administrative complexity at the charterer´s request. In such case, the original addressee of the invoice will remain legally liable for the payment, and shall remain a joint and several debtor along with the new addressee.
12. Special services
K5 shall invoice the charterer for any special services rendered or organized, such as VIP service, special catering, on-board telecommunications using satellite phones, use of on-board Wi-Fi, de-icing cost on all passenger and related ferry flights, etc.
K5 shall not be liable for cancellation or delay of a flight arising especially from events beyond its control, hindrances caused by authorities or third parties, strikes, lockouts, 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 it took all reasonable measures 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, employers and any other person whose aircraft K5 uses, including their representatives, employees 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 the crew deployed by the charterer. The charterer´s liability is independent of a liability agreement between charterer and passenger or crew.
Should K5 need to avoid overflying a certain area or country due to changed political situation, K5 shall be entitled to adjust its charter price accordingly and pass any additional costs for increased flight time and/or additional landings onto the customer.
14. 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 an entrepreneur or legal person, jurisdiction for any disputes that arise shall be exclusively in Landshut, Germany.
If any provision of these Terms of Business is declared 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.