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Blissair GmbH D- 46395 Bocholt Deutschland/ Germany
Preliminary Note
The following General terms and Conditions of BlissAir GmbH, in their version valid for the conclusion of the contract with BlissAir GmbH, BlissAir GmbH does not accept deviating or conflicting agreements unless Blissair HmbH has expressly agreed to their validity in writing. the conditions apply both to consumers and to entrepreneurs, unless the relevant clause differentiates between them.
1. Conclusion of the contracta)
a) A booking request or a request for other services than those on the execution of a flight can be made orally, by fax, e-mail, telephone or similar media. the request made by the customer is examined in detail by BlissAir GmbH. Subsequently, BlissAir GmbH sends the customer a booking / order confirmation by fax or e-mail. the customer is obligated to check the booking confirmation immediately for its correctness and to inform BlissAir GmbH immediately on possible mistakes or deviations. there is no claim to the acceptance of later change requests.
b) The contract between BlissAirGmbH and the customer comes about through the confirmation of the request to the customer or his representative, whereby the text form is sufficient for this purpose. In urgent cases, a verbal / telephone confirmation is sufficient, whereby the confirmation in writing is to be obtained immediately. Until the order confirmation by BlissAir GmbH to the customer, services offered by BlissAir GmbH are subject to availability, availability of the aircraft and crew, subject to technical and operational feasibility, the granting of all traffic rights, slots and other regulatory approvals or requirements.
c) The customer has to provide BlissAir GmbH for the booking / order at the request of BlissAir GmbH for all persons to be transported with name, address, date of birth and valid telephone number including photocopy of valid identification documents such as identity card (withing Europe) or passport or other comparable documents, and this document must also contain at least the address of the persona to be transported.
2. Services
a) With the conclusion of the contract, the customer acquires a service claim or claim for carriage towards BlissAir GmbH, both for itself and for third parties designated by it. The contract of carriage also refers to luggage of accompanying passengers, unless otherweise stipulated. the claim covers the ordered air transport with the booked aircraft with crew, from the agreed place of departure to the agreed destination. Any additional services require a special agreement, for whose form and realization is cif. 1. These terms and conditions apply. A claim for carriage is always subject to the technical and operational feasibility, all traffic rights, slots and other regulatory approvals or requirements.
b) Fixed transactions in the legal sense always require an explicit agreement and confirmation by us, in which case at least the text form is required.
3. Fulfillment of contract
Blissair GmbH is entitled to use third parties in whole or in part to carry out the obligations assumed by contract. If Blissair GmbH or a third party commissioned by it for the execution of the contract due to aircraft breakdown, technical or other operational reasons or force majeure after the start of the flight, or if Blissair GmbH terminates the contract for one or more of the above reasons, the customer owes only the pro rata price incurred for the carried out carriage.
4. Transportation of dangerous goods and other objects
No objects may be carried which are likely to endanger the aircraft or persons on board the aircraft. Each passenger is required to check the list of items prohibited in carry.on baggage or checked baggage prior to the flight. Further information and a list of permitted or prohibited articles can be found by the customer e.g. under http://www.iata.org/whatwedo/cargo/dgr/ or http:// blissair.de
Does the passenger carry dangerous goods in his person or in his luggage acc § 27 (4) LuftVG, in particular weapons or weapon-like objects with him, he has to indicate this to the aircraft commander before departure. the aircraft commander decides on the mode of transport and is entitled to refuse carriage if it is likely to endanger persons or the aircraft. All items, bulky luggage, etc are only permitted as hand luggage if significant damage, soiling, hazards to persons and aircraft or other impairments are excluded.
5. Decision-making powers of the aircraft commander
a) The commander of the aircraft is entitled to take all necessary safety measures at any time. In that regard, it has full decision-making power over modifying the payload and seating capacity offered, transporting passengers and goods, loading and unloading of cargo and baggage. similarly, the commander makes all necessary decisions as to whether and in what way the flight was made, deviated from the intended route and where a landing is made.
b) The commander shall be entitled to deny unannounced and unidentified / identifiable persons the flight and prohibit the execution of a flight from the outset ot to divert a flight without delay, provided that the behaviour of passengers is from a security and privacy perspective and crew members. In the cases mentioned, the right of Blissair GmbH to pay the charter price remains, and the customer is obliged to pay any additional costs incurred by the measures taken.
6. Documents for transportation
The transport documents are issued by Blissair GmbH. For this, the customer must provide Blissair GmbH with a passenger list and all necessary information and documents in accordance with para 1.c) made available not later than 24 hours or any other date specified by Blissair GmbH before departure. The customer is responsible for the accuracy and completeness of these documents. In addition, the customer is responsible for ensuring that passengers carry all travel documents required for entry and exit, such as passports, visas, vaccination certificates, etc. The customer is liable for all damages resulting from the incorrectness and incompleteness of his information and documents or from late or improperly issued documents. the customer indemnifies Blissair GmbH against any costs incurred as a result of a passenger not complying with all the laws of the countries from which, into and through which he travels, including the applicable foreign exchange, entry and health regulations. Blissair GmbH in entitled to refuse the carriage of a passenger withour compensation if all necessary travel documents are missing.
7. Payment
The payment agreements on which the contract is based are set out in the booking / order confirmation. Unless otherwise agreed, payments are due immediately upon confirmation of booking / order withou deduction. If the customer defaults on payment, Blissair GmbH is entitled to demand default interest in the amount of the statutory interest rate. the assertion of a further damage caused by default remains reserved to Blissair GmbH. In case of late or incomplete payment, Blissair GmbH reserves the right to cancel the booking at the expense of the customer in the amount of the cost listed in section 9 and to refuse the carriage of the respective passener (s) or performance. Valid currency is Euro. The customer is entitled to make all payments by bank transfer or credit card (VISA or Mastercard).
8. Delays
a) Liability for delays or other disruptions to flight operations will only be assumed by Blissair GmbH if it is its own fault and the provisions of the Montreal Convention and the Warsaw Convention remain unaffected, as far as applicable.
b) If the time during which the aircraft is available to the customer as agreed is exceeded, beacuse passengers, baggage or freight shipments are not available in time, because travel documents or other documents required for transport are missing or because of other actions or omissions of the customer, the client shall reimburse Blissair GmbH for any further costs incurred as a result of non-performance or delay.
9. Cancelation and change
a) Blissair GmbH can terminate the existing contract with immediate effect while respecting its full claims under the contractual relationship if there are important reasons such as when:
• bankruptcy proceedings have been inititated for the assets of the customer
• if the client does not deliver the payment due before provision of services according to para. 7
• the customer does not provide any securities,
• force majeure prevents the execution of the flight
• the Foreign Office has issued current travel warnings and safety instructions for the agreed destination, which may cause danger to the aircraft or to persons.
In the aforementioned cases Blissair GmbH is not obliged to offer a later flight. The assertion of further claims for damages remains reserved.
b) A possible resignation by the customer requires at least the text form. If the customer withdraws from the service booked before the scheduled date of performance of the contract, the customer shall owe contractual damages as follows:
The aforementioned deadlines refer to the receipt of the resignation or cancellation declaration from Blissair GmbH, for whose access the customer is responsible and subject to proof.
c) In the event of cancellation of a flight brokered by Blissair GmbH, the cancellation costs of the foreign charter company will be charged in full. Further claims of Blissair GmbH are expressly reserved.
d) Rebookings regarding the timely execution of a flight are free of charge up to 24 hours before departure, thereafter for a fee of 250,- EURO possible; subject to the abailability of the aircraft and the crew, as well as the necessary official approval permits, landing, take-off and traffic rights as well as technical and operational feasibility.
e) If the customer wishes to fly to another location as part of a transfer, he may be required to pay a higher fare and, in such case, pay Blissair GmbH the difference between the old and the new fare immediately. The customer is in any case obliged to pay this difference to Blissair GmbH before departure, in addition to a processing fee of 250,- EURO.
f) If a modified flight is canceled, cancellation costs will be charged in accordance with no. 9 Ref. B)..
g) The cancellation and rebooking costs represent a lump sum compensation, further claims of Blissair GmbH are expressly reserved. if the customer is a consumer and not an entrepreneuer within the meaning of §14 BGB (German Civil Code), he reserves the right to prove that Blissair GmbH incurred no damage or significantly less damage than the amount of the liquidated damages..
10. Refusal of transportation
Blissair GmbH can deny the carriage of passengers and / or their baggage at its discretion, subject to their full claims, for important reasons, in particular if the passener, his or her mental or physical health or other condition, behaviour or baggage pose a threat to safety or violate a law.
11. Liability
a) Blissair GmbH his not liable for the deletion or delay of flights, as far as Blissair GmbH is not responsible for such incidents directly by gross negligence or intent. The provisions of the Warsaw Convention and the Montreal Convention shall remain unaffected to the extent applicable.
b) This disclaimer applies in particular in cases of force majeure and circumstances, for which Blissair GmbH is not responsible, such as obstructions by government agencies or other third parties, official orders (eg landing or overflight rights) or conditions, embargo, blockades, strike, lockout, war (even unexplained) or war-like incidents, civil unrest, natural disasters, weather-related reasons and security risks. Blissair GmbH is also not liable for the actions of other airlines, handling companies or their vicarious agents as well as for left behind on board items of the passenger. the liability for life, body and damage to health is governed by the statutory provisions. Blissair GmbH is not liable if all reasonable measures have been taken to avoid damage or if it has not been possible to take such measures.
c) The exclusion and limitation of the liability of Blissair GmbH shall apply mutatis mutandis in favor of its employees, agents and vicarious agents and other persons whose aircraft Blissair GmbH uses, including their employees or agents.
d) For damage to the aircraft or in the interior of the aircraft the customer is liable indefinitely, even withour proof or fault of the causing passenger. the same applies to additional flight personnel deployed by the customer. the liability of the customer shall apply irrespective of a liability agreement between the customer and the passenger or deployed flight crew.
12. Applicable regulations
The charter contract and the execution of the carriage are subject to the laws of the Federal republic of germany, in particular the Aviation Act and the provisions of the Montreal Convention and the Warsaw Convention (if applicable) as well as EC Regulation No. 2027/97 as amended by EC Regulation No. 889/2002 and these General terms and Conditions.
Compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of flights are provided in accordance with EC Regulation No 261/2004.
13. Miscellaneous
a) Ancillary agreements always require confirmation by Blissair GmbH, for which at least text form is required.
b) Insofar as the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all legal disputes is Coesfeld, Federal Republic of Germany, as agreed.
c) Should individual provisions of these General terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The parties agree to replace ineffective or invalid provisions by these effective provisions as closely as possible.
Bocholt, 08.06.2020