General Terms and Conditions of Business and Carriage of SAI Air GmbH

(1) These General Terms and Conditions of Business and Carriage of SAI Air GmbH, as amended and in effect at the time the contract is concluded, form an integral part of all contracts with SAI Air GmbH regarding the services it provides.

(2) SAI Air GmbH does not recognize any deviating or conflicting terms and conditions of the contractual partner unless their validity has been expressly confirmed in writing by SAI Air GmbH.

“Customer” means the person or organization that has entered into a contract with SAI Air GmbH.
“Passenger(s)” means the persons who are to be transported under a contract with SAI Air GmbH or who are on board an aircraft operated by or on behalf of SAI Air GmbH.

The customer is obliged to pass on these General Terms and Conditions as well as other relevant information from SAI Air GmbH to all intended passengers immediately and completely and to ensure that they are observed. If the customer fails to do so, he shall be liable to SAI Air GmbH for all damages resulting therefrom.

(1) Flight booking requests can be made in writing, electronically or verbally.
(2) Offers from SAI Air GmbH are subject to change and are subject to availability.
(3) A submitted draft charter contract does not constitute a binding offer.
(4) The contract is only concluded when the customer signs the charter contract and SAI Air GmbH confirms it.
(5) Change requests after conclusion of the contract are subject to the discretion of SAI Air GmbH.
(6) The charter price only applies to the agreed flight route. Changes may incur additional costs.

Subject of the contract:
SAI Air GmbH offers its customers the opportunity to make use of aircraft support, coordination and optional operational flight execution services within the framework of a management contract. The management contract can be terminated by either party with a notice period of three months to the end of the month in writing.

Discretion and confidentiality:
SAI Air GmbH and its vicarious agents, in particular the flight personnel used, undertake to maintain complete confidentiality with regard to all information that becomes known in the context of the management service. This includes in particular the flights carried out, travel dates, destinations, persons transported and the content of conversations before, during and after the flight. Disclosure to third parties is excluded unless mandatory statutory provisions conflict.

Availability and accessibility:
SAI Air GmbH guarantees year-round availability to management customers seven days a week, including weekends and public holidays. Availability is provided either via a personal contact person, the assigned pilot or a central call forwarding service.

Flight pre-notification for operational management:
If a management customer additionally makes use of operational management by SAI Air GmbH, a planned flight must be reported at least six (6) hours before the departure time. This period is used for flight planning, checking feasibility and preparation by the flight personnel used, including the evaluation of the respective airfields.

Lounge – Use by management customers:
Management customers are entitled to use the exclusive lounge at the Lahr locations
(at any time) and Nuremberg (during regular opening hours). The customer receives a personalized access key to the lounge in Laar. Before each flight, the lounge can be used for preparation, for staying and for using free drinks and small meals.

Annual invitation – Management evening & dinner:
SAI Air GmbH invites management customers to an exclusive event every year, at which important local entrepreneurs and business partners are presented. Participation and the personal presentation of the management customer is voluntary and can be rejected or revoked at any time. In addition, a dinner organized by SAI Air GmbH takes place for management customers. The location and date of this event will be determined by SAI Air GmbH; the invitation will be sent directly. Participation is voluntary.

Liability and insurance:
SAI Air GmbH is only liable for damages caused by intentional or grossly negligent behavior. Any further liability – in particular for indirect damages – is excluded to the extent permitted by law. The management customer assures that the managed aircraft – if applicable – has sufficient liability and comprehensive insurance, unless these services are provided by SAI Air GmbH.

Contract changes:
Changes and additions to the agreements within the framework of the management contract must be made in writing. This also applies to an amendment to this written form clause.

Documentation and transparency:
SAI Air GmbH documents all flights within the framework of the management contract. The management customer can request a monthly overview of flights carried out, any additional costs and maintenance or coordination measures carried out.

Extended services (Optional):
In addition to the services included in the management contract, further services can be offered on request.

A passenger who is not a contracting party himself has no direct claims against SAI Air GmbH. There is no genuine contract in favor of third parties.

(1) The charter price includes, among other things, flight services, crew, fees, standard catering, handling and, if applicable, transfer flight.
(2) Not included are, for example, VIP services, special catering, de-icing, additional taxes/fees, special requests. These are to be paid additionally.
(3) Payments are due – unless otherwise agreed – immediately after conclusion of the contract and before the start of the service.
(4) In the event of default in payment or economic difficulties, SAI Air GmbH can withdraw from the contract.
(5) Payments are made in euros by bank transfer, unless otherwise agreed.

(1) The customer can cancel at any time.
(2) Cancellation must be made in text form.
(3) The following cancellation fees apply:

• up to 10 days before departure: 20% of the charter price
• less than 24 hours before departure: 50%
• during the transfer flight: 100%
• plus any additional costs incurred

(1) In addition to charter flights, SAI Air GmbH can also offer scheduled flights to fixed destinations.
(2) Transportation is only carried out with a confirmed booking and proof of identity.
(3) Flight tickets are not transferable.
(4) Payment is made during the booking process (e.g. by bank transfer, SEPA direct debit, credit card).
(5) Cancellation fees:

• up to 10 days before departure: 20%
• 1 day before departure: 50%
• during transfer to the departure location: 100%

(6) The transport service refers exclusively to the route stated on the flight ticket.
(7) Changes to the route may result in a new charter contract.
(8) Check-in deadlines are generally 30 minutes before departure.
(9) SAI Air carries out flights even with low bookings.
(10) In the event of cancellation by SAI Air, the ticket price will be refunded.
(11–16) Rights and claims under EU Regulation (EC) No. 261/2004 remain unaffected.
(17–19) Luggage: Standard size 47x31x30 cm, maximum 1 item of hand luggage per passenger. Deviations must be reported in advance.
(20) Animal transport is not possible on scheduled flights; charter booking required.

(1) The customer is obliged to transmit complete passenger data in good time (at least 24 hours before departure, unless a different deadline is specified).
(2) The customer is responsible for data protection-compliant collection and transfer.
(3) The customer is liable for damages resulting from data protection violations.

(1) The customer ensures that all passengers carry valid travel documents.
(2) He is liable for damages resulting from missing, incorrect or delayed documents.

(1) The customer is responsible for the timely appearance of all passengers with complete travel documents.
(2) SAI Air can exclude passengers from transportation if they are missing documents or arrive late.

(1) If the use of a specific aircraft type is agreed, SAI Air GmbH is entitled to use an equivalent aircraft type. Equivalence is determined exclusively by the number of passenger seats available.

(2) SAI Air GmbH can use third parties, in particular other airlines, in whole or in part to fulfill its contractual services. In this case, their General Terms and Conditions of Business and Carriage apply in addition.

(3) If a flight is not carried out by SAI Air GmbH itself, each passenger will be informed of the executing airline as soon as this is known – but at the latest when boarding the aircraft.

(1) No items may be carried in baggage (hand luggage and checked baggage) whose transport is prohibited under the regulations of the countries that are overflown, approached or flown from.

(2) The following items must not be carried in checked baggage unless they have been reported to SAI Air GmbH in good time and official approval has been obtained for this:

• Items in accordance with the dangerous goods regulations of ICAO/IATA valid at the time of the flight (e.g. explosives, gases, flammable, corrosive, toxic, radioactive or magnetizing substances),
• Explosives and incendiary materials, including:
  • Ammunition,
  • Detonators, fuses, fireworks, smoke canisters,
  • Mines, grenades, pyrotechnic articles,
  • Dynamite, gunpowder, plastic explosives,
• Weapons of all kinds and their imitations,
• Compressed air and CO₂ weapons, signal and starting pistols,
• Electroshock devices (e.g. tasers),
• Irritants, pepper spray, tear gas,
• Pointed or sharp objects with a risk of injury (e.g. knives, scissors, razor blades).

SAI Air GmbH will provide the applicable dangerous goods regulations on request.

(3) Each passenger is obliged to find out about prohibited items in hand luggage and checked baggage before starting the journey. Prohibited items, in particular weapons or weapon-like items, must be reported to the aircraft commander before departure. He decides on their transportation or can prohibit it.

(4) The customer is also obliged to ensure that no prohibited items are carried by the passengers. In case of doubt, this must also be reported to the aircraft commander.

(5) E-cigarettes and devices with lithium batteries must not be transported in checked baggage. If these are carried in hand luggage, the aircraft commander must be informed. He can prohibit transportation for safety reasons.

(6) The customer is liable to SAI Air GmbH for all damages caused by violations of these regulations by passengers.

(1) Bulky luggage and other items may only be transported if damage, soiling or hazards to people, aircraft or other luggage are excluded. The aircraft commander can refuse transportation for safety reasons.

(2) The customer is liable for damages caused by a disregard of this regulation on the part of the passengers.

(1) Small pets (e.g. dogs, cats) that accompany a passenger are only taken along at the discretion of the aircraft commander. He may only refuse transportation if flight safety is endangered.

(2) The transportation of larger animals (from 1.00 m body length or 50 cm shoulder height) requires a separate agreement with the customer and is otherwise excluded.

(3) The customer is obliged to submit all required travel documents (e.g. vaccination certificates) for accompanying animals no later than 72 hours before the first flight day. If these are not available in time, SAI Air GmbH can refuse to transport the animal. The documents must be carried on the flight.

(4) The customer is liable for all damages resulting from incorrect, incomplete or late travel documents or the refusal to submit them by the passenger.

(1) The aircraft commander is entitled to take all safety-relevant measures at any time, including those to maintain flight safety, aviation security and health protection. He decides in particular on:

• Seat allocation and payload,
• Loading and unloading of luggage and cargo,
• Deviations from the planned route,
• Necessity of stopovers,
• Refusal of transportation in accordance with section 20.

(2) The customer undertakes to inform the passengers about the decision-making power of the aircraft commander and to encourage them to follow his instructions.

(3) The customer is liable for damages resulting from the disregard of safety instructions from the commander by passengers.

(1) The passenger and the customer are responsible for compliance with all legal provisions, regulations and official orders of the countries concerned that apply to entry, exit and transit. SAI Air GmbH assumes no responsibility for this and is not obliged to check compliance.

(2) The customer is liable for all damages incurred by SAI Air GmbH as a result of a disregard of these regulations by passengers.

1. At the request of the customs authorities, passengers must be present during the search of their luggage by these. SAI Air GmbH assumes no responsibility for this.
2. Passengers and their luggage must undergo the security checks and searches ordered by authorities, airport operators or other responsible bodies. SAI Air GmbH is not responsible for the implementation or results of these checks.
3. Passengers are obliged to undergo security-relevant checks and searches, including those carried out by SAI Air GmbH, as well as their luggage.
4. The customer is liable for all damages caused by the refusal or disruption of the customs or security check by the passenger concerned.

1. SAI Air GmbH is entitled to refuse the transportation of a passenger and/or his luggage, in particular if:
   • the requested passenger data was not transmitted in good time,
   • legal regulations or official orders require this or a violation is to be feared,
   • the passenger refuses legally or officially required information,
   • there are indications of a contagious disease,
   • there are doubts as to whether the state of health allows safe participation in the flight, unless there is a corresponding medical certificate,
   • transportation would endanger safety, order or well-being on board, for example due to the influence of alcohol or drugs,
   • the passenger does not subject himself or his luggage to a security or customs check,
   • the passenger does not have valid travel documents or refuses to present them,
   • the passenger does not follow instructions from the pilot.
2. A refusal of transportation is also permitted if SAI Air GmbH has informed the customer before conclusion of the contract that a certain passenger will not be transported in the future, in particular in the event of previous misconduct.
3. In the event of a justified refusal of carriage, SAI Air GmbH’s claim for compensation remains valid; there is no claim for (even partial) reimbursement.
4. SAI Air GmbH is not liable for damages resulting from justified refusal of carriage.

1. The obligation to perform the flight does not apply if this is impossible due to the following circumstances:
   • Refusal or revocation of necessary official permits (e.g. visas, entry/overflight permits, slots),
   • Legal or official prohibitions (e.g. overflight bans, pandemic restrictions),
   • Force majeure (e.g. natural disasters, epidemics, terrorist situations, war),
   • Strike or lockout.
2. In this case, the customer’s obligation to pay the charter price or other fees also ceases to apply.
3. If the impossibility occurs during the flight, SAI Air GmbH shall, at the customer’s option:
   • Continue the flight to the nearest permissible landing site, or
   • Return to the airport of departure or a nearby airport.

The customer shall bear the pro rata costs according to flight time as well as any additional costs.

1. Claims for damages are excluded, unless the impossibility is based on an intentional or grossly negligent breach of duty.

1. An “Empty Leg” is a positioning flight without passengers to transfer an aircraft to its home airport or a pick-up location.
2. Customers can book such flights at special conditions; SAI Air GmbH expressly points out that this is an “Empty Leg” flight.
3. SAI Air GmbH can cancel such flights at short notice if positioning is no longer necessary. In this case, any fees already paid will be refunded.

1. The carriage is subject to the mandatory provisions of the Montreal Convention (1999), Regulation (EC) No. 2027/1997 and, if applicable, the provisions of the Warsaw Convention.
2. Liability exists exclusively within the framework of these provisions in the event of death, personal injury, damage to baggage or cargo and delay.
3. In the event of contributory negligence on the part of the injured party, the statutory provisions for the reduction or exclusion of claims shall apply.
4. No liability is accepted for damages resulting from compliance with government regulations or in the event of a breach of duty by the passenger in connection therewith.
5. Liability is limited to the proven damage. SAI Air GmbH is only liable for indirect or consequential damages in the event of gross negligence or intent.
6. A waiver of statutory exclusions or limitations of liability is not intended.
7. The limitations of liability also apply in favor of employees, vicarious agents and third parties used.

SAI Air GmbH is not liable for lost items or items left behind on board.

1. German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions conflict.
2. The place of jurisdiction for all disputes is Freiburg im Breisgau, provided the customer is a merchant or a legal entity under public law. Deviating mandatory places of jurisdiction, in particular according to the Montreal Convention, remain unaffected.
3. Should individual clauses of these General Terms and Conditions of Business and Carriage be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall apply that comes as close as possible to the economic purpose.