General Terms and Conditions (effective April 2013) of DC Aviation GmbH (hereinafter referred to as "DCA")

DC Aviation GmbH
Stuttgart Airport
70629 Stuttgart
Germany

The following General Terms and Conditions of DCA in the relevant version at the time of conclusion of the contract shall be an integral part of any contract with DCA for all flights conducted by DCA or any third party according to Section 2 of these General Terms and Conditions. Any deviations thereof or contradictory terms are not acknowledged by DCA unless expressly confirmed in writing by DCA.

The General Terms and Conditions shall apply to both private and public physical and legal persons (the “Person(s)”) unless otherwise stated in the relevant provision.

Any and all contractual obligations of DCA shall be conditional upon being in compliance with applicable mandatory law and are entered into under the provision that all necessary permissions, all necessary crew visa as well as all necessary landing, departure and traffic rights can be obtained and complied with (the “Necessary Preconditions”). In the event that DCA is unable to obtain all these permissions/rights in order to fulfil the Necessary Preconditions, DCA shall be entitled to withdraw from the respective contract without any liability towards the Customer or the Passengers.

“Customer” means in the following the Person(s) who book(s) a flight with DCA and who is/are therefore the contractual partner of DCA. “Passenger(s)” mean(s) in the following the person(s) who are on board the aircraft operated by DCA or a third party operator according to Section 2 of these General Terms and Conditions.

Any and all contractual obligations of DCA are further subject to the condition precedent that the owner of the aircraft has approved the respective flight (the “Owner´s Approval”). If DCA did not obtain the Owner´s Approval or such Approval is revoked by the owner prior to the flight, DCA shall be entitled to withdraw from the respective contract without any liability towards the Customer or the Passengers. The right of DCA to claim damages from the owner of the aircraft resulting from the revocation of the approval shall remain unaffected.

1. Conclusion of the Contract

A Customer may submit a flight booking request by letter, facsimile, e-mail or phone. However, a flight contract (the “Contract”) shall not be deemed to be concluded unless and until DCA will have sent the Customer a signed flight booking confirmation (the “Confirmation”) which needs to be countersigned by the Customer. The Confirmation shall be sent via e-mail or facsimile. All flights remain subject to availability until DCA will have sent the Confirmation. The Customer shall have the obligation to verify the Confirmation as quickly as possible and to notify DCA immediately about any errors or discrepancies and to promptly return the countersigned Confirmation via e-mail or facsimile to DCA. If the Customer requests changes at a later point in time, DCA may either accept or reject such changes at its sole discretion.

The Customer shall be responsible for passing these General Terms and Conditions and other notices from DCA on to the Passenger(s) completely, correctly and promptly. If the Customer fails to comply with this requirement, the Customer shall indemnify and hold harmless DCA in respect of any and all Passenger claims.

2. Contract Performance through a third party

DCA reserves the right to subcontract its contractual obligations in part or in whole to a third party or to third parties including third party operators. In such cases, the terms of business of third party operators shall apply to the Customer, which are hereby incorporated by reference and a copy shall be furnished to the Customer upon request.

In case of such subcontracting to third party operators, the relevant agreement shall not constitute a contract for carriage between DCA and the Customer. The third party operator shall have the sole operational control over the aircraft and DCA shall have no discretion or responsibility regarding operational matters. DCA shall not act as a common carrier or any other type of carrier in respect of any of its obligations under the relevant agreement with such third party and DCA acts solely as agent for the Customer and operator. Acceptance or performance by DCA of any of its obligations under the relevant agreement does not impute to it any liabilities of DCA as carrier but solely as an agent and any liabilities are limited to intent and gross negligence. The third party operator shall have the sole responsibility, liability and control of all aspects of the aircraft charter services provided, including without limitation, aircraft availability and pricing, the commencement and termination of scheduled flights, the operation, regulation and safety of the flight.

At DCA’s option, the subcontracting may be done either directly by DCA or DCA may enter into a separate agreement in the name of the Customer. The Customer hereby authorizes DCA as the Customer’s agent to enter into the third party operator’s terms of business on behalf of and in the name of the Customer.

DCA makes no representation or warranty with regard to the third party operator and will not be liable in any way whatsoever for any loss, damage, injury or expense suffered or incurred by the Customer, the Passenger(s) or any third party howsoever.

The Customer shall indemnify and hold harmless DCA against all liabilities, claims and expenses (including legal costs and fees) in respect of any liability of DCA towards such third party operators for any loss or damage whatsoever (including costs and expenses on a full indemnity basis) arising out of any act or omission of the Customer, its servants or agents or any Passenger(s) carried by authority of the Customer.

3. Transportation of dangerous goods and any other objects

No objects may be carried on board that might potentially endanger the aircraft or any persons on board the aircraft. Each Passenger has the obligation to inform him-/herself, prior to boarding the aircraft, about the list of prohibited articles in carryon and/or travel baggage. In this context, DCA herewith makes its Passengers i.a. aware that any (i) e-cigarettes and (ii) lithium batteries and portable electronic devices (PED) powered by lithium batteries must be in carry-on baggage and are not permitted in checked baggage. If a Passenger carries any prohibited articles as defined under the applicable law on his/her body or in his/her baggage, in particular weapons or similar objects, the Passenger must notify the captain accordingly prior to the commencement of the air trip. The captain shall decide on how these goods are to be transported and he/she shall be authorized to refuse transportation if a safety-risk for Passengers or the aircraft is suspected. Any objects, bulky luggage etc. shall be admitted as carry-on luggage only if significant damages, contamination or hazard of and to other luggage, the aircraft or any Passenger can be positively ruled out.

4. Captain's authority

The captain of the aircraft is authorized to take all necessary safety measures at all times. Accordingly, the captain is authorized to change the payload, seating capacity, Passengers, their belongings, and the loading, unloading, or distribution of baggage and freight. Similarly the captain is authorized to decide on whether and how the flight is undertaken, on any deviations from the flight route, and where to land. Furthermore, the captain is entitled to refuse to carry Passengers about whom DCA had not been notified, or cancel or divert a flight if the conduct of a Passenger is deemed to adversely affect safety or personal rights of other Passengers or the crew. In such an event, the Customer shall pay the contractual charter price and bear any additional costs incurred by DCA in respect of the proper measures taken in such situation.

5. Transportation and travel documents

DCA shall issue the transportation documents. In order to enable DCA to do that, the Customer shall provide DCA with a complete Passenger list and all other necessary information and documentation no later than 24 hours or by the deadline set out by DCA before departure. The Customer shall be responsible for providing DCA with correct and complete information. In addition, the Customer shall be responsible for ensuring that the Passengers carry with them all necessary travel documents such as passports, visa, vaccinations, virus negative tests or other medical documents etc. as required by the respective laws or regulations that apply in the country of destination at the time of actual landing. The Customer shall be liable for any damages resulting from any incorrect or incomplete information provided to DCA or from the delayed or improper provision of such information. The Customer shall indemnify DCA in respect of all cost incurred in connection with Passenger(s) not complying with all legal requirements of the country of departure, countries travelled through, and the country of destination, including but not limited to the current currency and health, customs and immigration or quarantine regulations. DCA may deny boarding of a Passenger that does not have all required documents, without being liable for any damages due to such denied boarding.

6. Charter price and payment

The charter price includes transportation from the agreed place of departure to the agreed place of arrival, including the costs for crew, crew hotel accommodation, landing fees, enroute navigation fees, standard food and beverage, handling at business aviation handling agents as well as security fees.

The charter price does not include any of the following cost positions (the “Additional Costs”): ground transport service between airports and between airports and town terminals, costs and fees for upgrade or special catering, VIP-handling, required extension of airport opening hours, procurement of additional traffic rights and special services as well as aircraft de-icing on the ground, cost for visa stamps and customs, customs duties as well as airport and Passenger taxes, fees, duties and other charges and taxes levied by law, administrative regulations or rules of another entity such as airports on the Passengers or for the utilization of services by such Passengers, including countryspecific Passenger taxes, fees and duties, as well as costs for the usage of on board communication (such as internet, satcom telephone etc.). If DCA incurs any Additional Costs, Customer shall pay those to DCA in addition to the charter price.

The agreed payment terms for the respective Contract are laid out in the Confirmation. Unless otherwise agreed, the charter price shall be paid in full before the first (ferry) flight departure upon receipt of DCA’s payment request, including the cost for a ferry flight which might be necessary to position the aircraft to the airport where the Passenger(s) will start his/her/their flight trip. The Customer understands and agrees, that meeting this deadline is an essential condition for the fulfilment of the relevant Contract with DCA or the relevant third party operator. If any payment is delayed, DCA may charge the Customer with interest on the delayed amount at the rate applicable according to German law. Furthermore, DCA is entitled to claim additional damages caused by the delay.

The final invoice for the charter price will be issued after the completion of the flight and will include all Additional Costs as defined in this Section 6 of these General Terms and Conditions. All further costs subsequently and after the issuance of the final invoice charged to DCA in connection with the Customer’s flight shall be paid by Customer in addition to the final invoice.

If any payment is delayed or insufficient, DCA is entitled to cancel the booking and charge the Customer for such cancellation as set forth under 8. below and refuse transportation of the respective Passenger(s).

Valid currencies are Euro and US-Dollar. The applicable currency is defined in the respective Confirmation. The Customer may pay by bank transfer or credit card (VISA, MasterCard or American Express). DCA reserves the right to demand a fee in the amount of 3% on the charter price in case of credit card payment. The charge for credit card payments represents liquidated damages.

7. Delays caused by the Customer or the Passenger(s)

In the event the aircraft is not able to depart at the place of departure at the scheduled time or during stopovers due to Passenger(s), baggage or freight not being ready for boarding in time, or missing travel or other necessary documents which are in the responsibility of the Customer and/or the Passenger(s) – see Clause 5 above, or due to other actions or omissions of the Customer, its employees, agents or Passenger(s), including, without limitation, Customer or Customer´s Passenger(s) acting in any way (or threatening to act in any manner) likely to jeopardize any aircraft or any person or property therein or elsewhere or disobeying the lawful authority of the captain of the aircraft or breaching any applicable law relating to his/her/their use of, or travel abroad, the aircraft before, during or after any flight, the Customer shall compensate DCA for any losses, claims damages, liabilities or expenses suffered by DCA, such losses etc. to include (without limitation) any parking fees, actual demurrage charges incurred at the respective airport and actual extra fees for additional actual ground time and block time or other charges levied by an airport or any charges imposed on DCA by the third party operator (as stipulated under sec. 2) as a result of the late return of the aircraft. In addition, the Customer shall reimburse DCA for any additional cost evidenced to the Customer, which are incurred by DCA in connection with the delay or cancellation of a flight due to the reasons set forth under this clause 7.

In the event that the performance of the flight schedule is prevented or delayed by the Customer or anyone acting on its behalf including but not limited to any Passenger or any goods not arriving in a timely manner at the terminal and/or the aircraft prior to and to meet the scheduled time of departure (which may result i.a. in a non-compliance with the crew duty and rest times and a non-reaching of any planned connecting flights with the accordant aircraft as well as an expiration of granted slots), DCA or the relevant third party operator may at its absolute discretion and without liability depart as scheduled or delay departure. In case of departure, it shall be deemed that departure took place with full Passengers aboard and no refunds of any type shall be due to the Customer due to such Passenger(s) missing the flight. In case of a delayed departure, any additional expense(s) attributable to such delayed departure shall be borne by the Customer.

8. Withdrawal/Rebooking/Cancellation

DCA may withdraw from the charter contract immediately without prejudice of its rights and without being obligated to pay damages to the Customer or the Passenger(s), for any compelling reason, including, without limitation:

• an insolvency proceeding is commenced against the Customer or its assets or the Customer encounters other severe financial difficulties,
• the Customer fails to pay the charter price or to provide securities on the due date,
• force majeure or another cause for which DCA or the relevant third party operator is not responsible or circumstances beyond the reasonable control of DCA or of the relevant third party´s operator prevent the performance of the flight; or
• the German Department of Foreign Affairs has published current travel warnings and security advice for the destination, which may result in danger to the aircraft or to Passenger(s).

In such cases DCA shall not be obligated to offer a later flight.

If at any time prior to the scheduled time of departure the aircraft becomes unavailable or unserviceable for any reason whatsoever, DCA will endeavour to find another suitable aircraft from its own fleet or by another operator at the same price. Should this prove to be impossible, DCA will endeavour to find an alternative operator and/or aircraft at a price as close as possible to the charter price and suggest such possibility to the Customer for acceptance. If DCA is not able to substitute another aircraft or the Customer does not accept the available alternatives, DCA shall return the charter price to the Customer and shall not be under any further liability whatsoever to the Customer. However, the Customer shall remain liable to pay for any part of the flight schedule that has already been operated or any costs already incurred.

If the Aircraft becomes unserviceable during flight, the Aircraft may have to land at another airport than intended, the Customer remains obligated to pay the full charter price for such flight and any additional cost incurred by either the Customer or DCA for alternative transportation of the passengers to the planned destination.

If a flight cannot be performed as consequence of the withdrawal or the late granting of the necessary governmental authorizations the present contract will be considered as terminated and DCA shall no longer be obliged to perform the flight. In such case, DCA will be relieved of any obligation whatsoever towards the Customer and DCA will refund that part of the charter price which DCA has already received after deducting any expenses already incurred by DCA for the cancelled flight.

If an airport rejects the landing or requests DCA after landing to again depart from the airport without disembarking of passengers due to recently changed laws or regulations, in particular in connection with combating the spread of a virus or other public health measures, then DCA will procure that the passengers on board a brought to back to the location of departure or another destination, at the passengers choice, provided that is possible considering the provisions above and the Necessary Preconditions (as defined above). In such case, Customer has to pay for the cost of all flights actually performed by DCA.

In case the Customer withdraws from the contract before the scheduled departure, the Customer shall pay a cancellation fee based as set forth below:

• after confirmation and up to 10 days before the 1st scheduled departure: 25% of the charter price;
• less than 10 days but at least 48 hours before the 1st scheduled departure: 50% of the charter price;
• less than 48 hours but at least 24 hours before the 1st scheduled departure: 75% of the charter price;
• less than 24 hours before the 1st scheduled departure:: 100% of the charter price.

DCA may apply any monies already received from the Customer in satisfaction of such cancellation fees.

The time of DCA's receipt of the written cancellation notice shall govern the applicable charge. Any cancellation by the Customer has to be in writing by mail, e-mail, facsimile or text message (SMS).

Any cancellation of flights with third party operators according to Section 2 of these General Terms and Conditions are subject to the cancellation charges of such third party operators which are incorporated in the relevant Contract by reference. The Customer shall be liable to pay all such cancellation fees to the third party operator. In addition, the Customer shall be liable to pay an administrative fee of 5% of the total charter price to DCA. DCA expressly reserves the right to claim from Customer additional costs incurred in relation to such cancellation. The Customer shall pay to DCA the cancellation fee of such third party operators as well as 5% of the total charter price as DCA administrative fee. DCA will issue an accordant invoice to the Customer whereas DCA may apply any monies already received from the Customer in satisfaction of such cancellation fees and administrative fees.

A flight may be rebooked for a later use (max. 24 hours after the originally scheduled flight departure) with the originally booked aircraft free of charge up to 24 hours before the scheduled departure. Thereafter a rebooking fee of Euro 500.00 may apply. All costs which incur DCA in connection with the requested rebooking, including but not limited to costs related to the aircraft and/or crew positioning needed in order to fulfil the Customer’s original flight request, shall be borne by the Customer. Any rebooking is subject to availability of the aircraft and crew as well as the fulfilment of all Necessary Preconditions. In the event that the Customer requests a change of the destination in connection with any rebooking, the Customer may be obligated to pay a higher charter price and if so shall pay to DCA the respective difference between the previously paid charter price and the new charter price promptly upon receipt of the respective invoice. In any case the Customer shall pay such difference prior to departure of the respective flight. In the event the Customer cancels a rebooked flight, the Customer shall pay to DCA as a minimum 40% of the charter price. In that case, the cancellation fee is based either on the original charter price or on the rebooked charter price, whichever is higher.

These cancellation and rebooking fees represent liquidated damages, whereby DCA expressly reserves the right to claim reimbursement for any additional cost incurred.

In the event that the aircraft is for any reason diverted from any airport, aerodrome or destination shown in the initial flight schedule to another, the journey to the scheduled destination shall be deemed to be complete when the aircraft arrives at such other destination. The Customer agrees to indemnify DCA or the relevant third party operator in full against any supplementary costs incurred as direct result of the diversion in respect of, but not limited to, any additional flying incurred, and pursuant to the provisions of alternative arrangement to enable the Passenger(s) to complete the journey to the intended destination as defined in the itinerary.

9. Refusal to carry on board

Without prejudice of its rights, DCA may refuse, at its sole discretion, to carry any Passenger(s) and/or his/her/their baggage on board of the aircraft if one point or more of the following points have occurred or, DCA reasonably assumes, may occur:

• such action is necessary in order to comply with any applicable government laws, regulations or orders,
• the Passenger refuses DCA’s request for information about him-/herself, including information required by governments,
• the Passenger has a communicable disease or infection that poses a direct threat to the health or safety of others,
• unless the Passenger provides a suitable medical certificate, the Passenger’s medical condition is such that there is reasonable doubt that the Passenger can complete the flight safely without requiring extraordinary medical assistance during the flight,
• the Passenger’s mental or physical state (including impairment from alcohol or drugs, disorderly, abusive or violent conduct) presents a safety or health hazard or risk to the Passengers, the crew or to property or may materially affect the comfort of other Passengers or the crew. DCA will make reasonable accommodations for Passengers with disabilities in accordance with applicable laws,
• the Passenger refuses to submit him-/herself and/or his/her baggage to a security check, or having submitted to such a check, the Passenger fails to provide satisfactory answers to any security questions,
• the Passenger appears to lack a valid passport, required visa or other travel documents, seeks to enter a country through which he/she may be in transit or for which he/she does not have such documents, destroys such documents during flight, or refuses to surrender such document(s) to the flight crew for review when so requested or the Passenger cannot prove that he/she is the person named in the Passenger list.

On board, the Passengers are to observe the instructions given by the crew. In case of non-compliance, the Customer shall be liable for any damages or losses incurred by DCA.

10. Liability

Without prejudice to the terms of the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw (1929) or that Convention as amended by the Hague Protocol (1955) or either those instruments as amended by the Montreal Protocols (1975) and Guadalajara Convention (1961) or the Montreal Convention (1999) or EC Regulation 2027/ 97 (as applicable). DCA shall not be liable for any cancellation or delay of a flight if not caused directly by the gross negligence or wilful misconduct of DCA. In particular, DCA shall not be liable for force majeure and events beyond its reasonable control as hindrances caused by the authorities or third parties, governmental orders (e.g. landing and over flying rights) or conditions, embargo, blockades, strike, lockout, war (including undeclared) or warlike situations, unrest, natural catastrophes, weather conditions and security risks. Furthermore, DCA shall not be liable for actions of other airlines, security and ground handling firms and their vicarious agents, or for personal belongings left on board the aircraft by the Passenger(s).

All warranties, conditions, representations whatsoever implied by statutory or common law are, to the fullest extent permitted by law, excluded from these General Terms and Conditions. The liability of DCA for death or personal injury caused by its gross negligence or fraudulent misrepresentation shall remain unaffected, if not otherwise stipulated under the applicable Convention.

DCA reserves all defences and limitations available under the Warsaw Convention and the Montreal Convention, whichever may apply to such claims including, but not limited to, the defence of Article 20 Warsaw Convention and Article 19 of the Montreal Convention, and the exoneration defence of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention. The limits of liability shall not apply in cases described in Article 25 of the Warsaw Convention or Article 22 (5) of the Montreal Convention, whichever may apply.

In no event shall DCA be liable for indirect special, consequential, exemplary or incidental losses and/or damages, including but not limited to loss of profits, lost business, loss of goodwill, loss of opportunity arising out of or resulting from, or in any way related to the Contract or the provision of services hereunder or the failure of or delay in the services and Customer hereby waives for itself and on behalf of the Passenger/s any right to such losses and/or damages.

Liability for death and personal injury shall be in accordance with the applicable law.

Any exclusion or limitation of DCA's liability shall apply to and be for the benefit of DCA's employees, agents, servants and representatives and any third party whose aircraft is operated by DCA and the respective employees, agents, servants and representatives of that third party.

The Customer incurs unlimited liability for damages of the aircraft or the aircraft interior if caused by the Passenger(s) or any additional crew member provided by the Customer and pay the cost of the repair of such damage. The Customer's liability shall be irrespective of any liability agreement between the Customer and its Passenger or its crew members.

11. Governing law, jurisdiction

The Contract as well as the performance of the transportation services are governed by the laws of Germany, in particular the Air Traffic Act, the Montreal Convention or the Warsaw Convention (as applicable) and the EC Regulation No. 2027/97 in the form of EC Regulation No. 889/2002, as well as these General Terms and Conditions. Passengers shall be compensated and assisted in the event of denied boarding and for cancellation or long delay of flights, in accordance with the EC Regulation No. 261/2004.

All matters of the relevant Contract falling under the Warsaw and Montreal Conventions shall be resolved as provided therein. The Conventions apply, if a Passenger´s journey involves an ultimate destination or stop in a country other than the country of departure. The Conventions govern and may limit the liability of the operator for death or personal injury or loss of or damage to baggage and for delay. Customer shall ensure that details of this notice are given to each Passenger before embarkation on the aircraft.

If the Customer is a merchant or a legal person under the public law, the exclusive place of jurisdiction shall be with the courts of Stuttgart, Federal Republic of Germany.

12. Miscellaneous

If any provision of these General Terms and Conditions is or becomes invalid or void, the other provisions shall not be affected thereby. The parties agree to replace any invalid or void provision by a valid provision which has a content that is as similar as possible to the invalid or void provision.

Notices: Carriage hereunder shall be subject to the rules and limitations relating to liability and all other provisions established by the Montreal Convention insofar as such carriage is ‘international transportation’ as defined therein and is governed thereby.

Notices applicable only for carriage in the European Community:

Basis for the information

The basis for the rules described below is the Montreal Convention of 28 May 1999 which is implemented in the European Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the member states of the European Community.

Disclaimer:

This is a notice required by European Community Regulation (EC) No. 889/2002 for carriage by air in the European Community. This notice may not be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention, and it shall not be part of the Contract between DCA (to be understood as “air carrier”) and/or the Customer/Passenger(s). No representation is made by DCA as to the accuracy of the contents of this notice.

NOTICE according to annex of EC Regulation 2027/97 as amended by EC Regulation 889/02

Air carrier liability for Passengers and their baggage

This information notice summarises the liability rules applied by European Community air carriers as required by the European Community legislation and the Montreal Convention.

Compensation in the case of death or injury

There are no financial limits to the liability for Passenger injury or death. For damages up to 113,100 Special Drawing Rights (SDRs) the air carrier cannot contest claims for compensation. In case of a claim which is above that amount, the air carrier can defend itself against that claim by proving that it was not negligent or otherwise at fault.

Passenger delays

In case of a Passenger delay, the air carrier is liable for damages unless the air carrier took all reasonable measures to avoid the damages or it was impossible to take such measures. The liability for a Passenger delay is limited to 4,694 SDRs.

Baggage delays

In case of a baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs.

Destruction, loss or damage to baggage

The air carrier shall be liable for destruction, loss or damage to baggage up to 1,131 SDRs. In the case of checked baggage, it shall be liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier shall be liable only if at fault.

Higher limits for baggage

Passenger baggage weight is limited for flight safety reasons and varies according to aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft. A Passenger may benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the Passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the Passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the Passenger's disposal.

Time limit for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Carriage shall be subject to DCA’s current General Terms and Conditions.

LIST OF PROHIBITED ARTICLES

Passengers are not permitted to carry the following articles in their hold baggage, unless the Customer has notified DCA adequately in advance that any Passenger wants to carry any of those articles and DCA has obtained an approval from the relevant authority that such article may be carried in the hold baggage:

Explosives and incendiary substances and devices — explosives and incendiary substances and devices capable of being used to cause serious injury or to pose a threat to the safety of the aircraft, including:

• ammunition,
• blasting caps,
• detonators and fuses,
• mines, grenades, and other explosive military stores,
• fireworks and other pyrotechnics,
• smoke-generating canisters and smoke-generating cartridges,
• dynamite, gunpowder and plastic explosives.

Without prejudice to applicable safety rules, Passengers are not permitted to carry the following articles into security restricted areas and on board an aircraft, unless the Customer has notified DCA adequately in advance that any Passenger wants to carry any of those articles and DCA has obtained an approval from the relevant authority that such article may be carried on board the aircraft.

a) Guns, firearms, and other devices that discharge projectiles; devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including:

• firearms of all types, such as pistols, revolvers, rifles, shotguns,
• toy guns, replicas and imitation firearms capable of being mistaken for real weapons,
• component parts of firearms, excluding telescopic sights,
• compressed air and CO2 guns, such as pistols, pellet guns, rifles and ball bearing guns,
• signal flare pistols and starter pistols,
• bows, cross bows and arrows,
• harpoon guns and spear guns,
• slingshots and catapults;

b) stunning devices; devices designed specifically to stun or immobilise, including:

• devices for shocking, such as stun guns, tasers, and stun batons,
• animal stunners and animal killers,
• disabling and incapacitating chemicals, gases and sprays, such as mace, pepper sprays, capsicum sprays, tear gas, acid sprays and animal repellent sprays;

c) objects with a sharp point or sharp edge; objects with a sharp point or sharp edge capable of being used to cause serious injury, including:

• items designed for chopping, such as axes, hatchets and cleavers,
• ice axes and ice picks,
• razor blades,
• box cutters,
• knives with blades of more than 6 cm,
• scissors with blades of more than 6 cm as measured from the fulcrum,
• martial arts equipment with a sharp point or sharp edge,
• swords and sabres;

d) workmen’s tools — tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:

• crowbars,
• drills and drill bits, including cordless portable power drills,
• tools with a blade or a shaft of more than 6 cm capable of use as a weapon, such as screwdrivers and chisels,
• saws, including cordless portable power saws,
• blowtorches, bolt guns and nail guns;

e) blunt instruments — objects capable of being used to cause serious injury when used to hit, including:

• baseball and softball bats,
• clubs and batons, such as billy clubs, blackjacks and night sticks,
• martial arts equipment;

f) explosives and incendiary substances and devices; explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of the aircraft, including:

• ammunition,
• blasting caps,
• detonators and fuses,
• replica or imitation explosive devices,
• mines, grenades and other explosive military stores,
• fireworks and other pyrotechnics,
• smoke-generating canisters and smoke-generating cartridges,
• dynamite, gunpowder and plastic explosives.

g) infectious substances and infected live animals.

General Terms and Conditions for Maintenance Services of DC Aviation GmbH

0. Definitions and Abbreviations

Component: Devices, modules or individual parts of an aircraft, including engine or flight, cabin equipment or emergency equipment. They are always identified by an part number in the maintenance or operational documents issued by the respective aircraft or component design organization.

Customer: A natural or legal person or a partnership with legal personality that concludes or intends to conclude a Customer Agreement.

Customer Agreement: A contract between DCA and the Customer under which DCA agrees to perform the Maintenance Service on one or more Maintenance Object(s) in return for payment by the Customer.

DCA: DC Aviation GmbH

General Terms and Conditions: mean these general terms and conditions for maintenance services of DCA

Maintenance Object: Any Aircraft or Component delivered to DCA by the Customer in relation to which the maintenance Service is to be performed by DCA.

Maintenance Service: One or a combination of the following actions: overhaul, repair, inspection, testing, replacement, modification or rectification of an aircraft, an engine or a Component to be performed by DCA as agreed in the Customer Agreement

1. Scope

The following General Terms and Conditions of DCA in the relevant version at the time of conclusion of the contract are an integral part of any contract for maintenance services between DCA and an entrepreneur Customer unless otherwise agreed between DCA and the Customer in writing. 

If the Customer sends DCA its own terms and conditions, they are hereby rejected if they deviate from these General Terms and Conditions to the detriment of DCA. 

These General Terms and Conditions of DCA are exclusively applicable even if DCA performs the maintenance services with knowledge of contradictory or deviating general terms and conditions of the Customer.

2. Offers and Price Quotations

The prices quoted in any offer are prices in Euros unless otherwise expressly stated. All prices are quoted as net prices and do not include value added tax, which is to be paid by the Customer in addition to the price in an amount specified by applicable law. 

The current applicable prices are stated in DCA’s current price list. Price lists are revised by DCA on the first of January of each year. Price changes will become valid within 30 days of DCA having notified the Customer. 

Unless otherwise expressly agreed, the prices are quoted EXW of DCA’s facility in Stuttgart and the Customer shall bear any costs for freight, packing, export or import charges or any other fees and duties. However, if replacement parts or ground support equipment are purchased, the reference prices therefore include cost of standard packing. If additional and/or non-typical packing material is requested by the Customer, DCA is entitled to charge the Customer for the additional costs in respect thereof.

3. Payment Terms

DCA generally reserves the right to request advance payment. 

Invoices are due and payable by wire transfer to DCA’s bank account on receipt if nothing else has been agreed upon or stated in the invoice. 

All payments shall be made free and clear of any banking charges or expenses. 

Until receipt of such advance payment, DCA is not obligated to deliver any services or parts. If DCA has not received the advance payment within ten (10) days of its written demand, DCA is entitled to withdraw from the contract and demand compensation for the non-performance, incurred costs and loss occurred from the Customer. 

If the Customer wishes to pay by credit card a 3% surcharge of the invoice amount will apply. Furthermore the Customer will provide all necessary documentation to secure the credit card payment.

4. Retention of Title and Lien

Title to all material and parts supplied by DCA shall remain with DCA until all amounts due between DCA and the Customer have been irrevocably credited to DCA’s account. 

The Customer hereby agrees that DCA shall have a contractual lien on any aircraft, part, documentation or other tangible item owned by the Customer and delivered to DCA for the performance of maintenance services in order to secure payment of all amounts owed by the Customer to DCA. 

In case any due invoice is outstanding, DCA is entitled, in its absolute discretion, to do any of the following: (i) claim a contractual lien on the Customer’s aircraft, part, documentation or other tangible item in its possession (ii) claim a contractual right of retention on the Customer’s aircraft, part, documentation or other tangible item in its possession; and/or (iii) immediately stop the performance of any further services until all outstanding payments from the Customer to DCA have been irrevocably credited to DCA’s account.

5. No set off

The Customer shall not be entitled to set off any amount except with a claim undisputed by DCA or adjudicated in an unappealable court order.

6. TAT and Excusable Delay

DCA is only bound by any turn around time (TAT) if expressly confirmed by DCA in writing. 

The TAT for carrying out any repair and/or maintenance work commences when all of the following has taken place: (i) DCA’s receipt of the aircraft and, if applicable, other parts to be supplied by the Customer as well as all required data and documentation; (ii) the parties approval of the work scope; and (iii) performance of the receiving inspection by DCA. 

DCA shall not be liable for any delay or failure in performance of its obligations under any agreement, if such failure is caused by an act of God, acts of public enemy, war, riot, insurrection, fire, flood, explosion, earthquake, serious accidents, epidemics, quarantine, any act of government that would have an adverse effect on the performance of work hereunder, strike, labour disputes causing cessation, slow-down or interruption of work, general hindrance in transportation, late deliveries of any replacement part from a manufacturer or vendor, inability to procure any material or part after due and timely diligence, any regulation affecting directly or indirectly the aircraft or maintenance thereof or materials, parts or facilities, late delivery by the Customer of the aircraft, the work package or any other technical documentation, the Customer supplying incorrect or incomplete technical documentation or work package, any non-routine aircraft maintenance, including but not limited to major or excessive defects exceeding reasonable limits, the Customer not responding to a request of DCA within 24 hours or such other time as reasonably requested by DCA, late supply of materials by the Customer, material supplied by the Customer not accompanied with proper documentation, material supplied by the Customer in insufficient quantity or quality, any additional request of the Customer after the work package has been agreed, any delay caused by an aviation authority, any 1:1 exchange, lease, sale or loan offer for required material is not accepted by the Customer, any incompatibility of a service bulletin with the condition of the Aircraft, any other non-conformity of the documents supplied by the Customer with the actual condition of the Aircraft, any delay or non-performance of maintenance services due to outstanding payments by the Customer to DCA or any other cause beyond the reasonable control of DCA.

7. Shipping and Transportation

The Customer shall deliver the aircraft, its documentation and additional parts provided by it to DCA’s facility in Stuttgart, DDP (INCOTERMS 2010). After completion of the respective maintenance services the aircraft will be put at the disposal of the Customer for collection EXW (INCOTERMS 2010) DCA’s facility in Stuttgart. 

The Customer shall bear all risks and expenses for any transportation of the aircraft or any part provided by the Customer to and the return from DCA’s facility (including but not limited to insurance, customs clearances, packing (except as set forth in 2.3), suitable containers and other necessary covers to protect the respective item from damage during transportation).

8. Subcontracting

DCA shall be entitled to subcontract individual tasks to another EASA Part 145 or Part 21 organisation approved for the respective work, provided such subcontracted organisation is of the same quality standard as DCA, the procedures of DCA’s MOE are followed and such subcontracting is in compliance with Part 145.A 75. Subcontracting of a complete maintenance check of an aircraft or a complete workshop maintenance overhaul of an engine or engine module is subject to the Customer’s acceptance.

9. Replacement of Parts

If DCA has determined that the condition of a part removed from the aircraft is such that it is beyond economic repair, DCA is entitled to replace such part and the Customer shall pay the price for the replacement part.

If nothing else has been agreed upon, DCA shall be entitled to either replace a defective part with a new part or to replace a defective part with a part that has been repaired or overhauled provided it is certified with an EASA Form 1, a FAA Form 8130-3, a Transport Canada Form One or a Brazilian Civil Aviation Authority SEGVOO 003. 

Upon DCA having replaced a part, ownership to the removed part shall vest in DCA. 

DCA shall safeguard that all materials, parts and components installed during performance of its services meet the approved data/standard, are provided with appropriate documentation, are in satisfactory condition for fitment and certified by a Certificate of Conformity, an EASA Form 1, a FAA Form 8130-3 a Transport Canada Form One or a Brazilian Civil Aviation Authority SEGVOO 003. Accordingly DCA shall be entitled to reject a part provided by the Customer or a third party, if it does not comply with such requirements. 

If DCA has provided a loan part to the Customer that loan part shall be returned to DCA by the Customer within ten (10) days of receipt of the repaired or replacement part. If the loan part is not returned to DCA within that period, DCA is entitled to charge a fee for late return in the amount of at least € 100 (in words: one hundred Euros) per day or such higher amount that equals the cost incurred by DCA and evidenced to the Customer due to such late return. If the loan part has not been received by DCA within twenty five (25) days, DCA is entitled to charge the Customer the full purchase price for the loan part.

10. Acceptance of Services upon Completion

At redelivery the Customer shall sign and provide to DCA a written document of acceptance which confirms that the agreed services have been completed in accordance with the respective maintenance agreement or state any objections that the Customer may have. In the event that the aforementioned signed document is not provided to DCA prior to or upon redelivery of the aircraft, the services shall be deemed to have been completed as agreed. 

The Customer shall not be entitled to reject the aircraft for insignificant defects that have no effect on the airworthiness of the aircraft. 

The Customer shall inspect and collect the aircraft within one (1) week of being notified by DCA that the services have been completed. If the Customer does not collect the aircraft within that time period, the Customer shall reimburse DCA for all costs incurred by DCA in relation to the aircraft not being collected in time, including but not limited to costs for storage, parking and insurance.

11. Warranty for Defects

DCA warrants that all maintenance services rendered will be free from defects in workmanship. DCA’s liability for defects under warranty is limited to rectification of such defect or delivery of a replacement part at DCA’s sole discretion. 

The warranty given by DCA does not apply to defects caused by any of the following: (i) normal wear and tear; (ii) the aircraft not being operated, handled or stored by the Customer in accordance with the respective manufacturer’s recommendations or the requirements of applicable law or the requirements of the aviation authority of the country where the aircraft is registered; (iii) the defective part having been serviced, repaired, overhauled, maintained or modified by anyone other than DCA or its subcontractors; (iv) any provisional repair; or (v) any parts not manufactured or incorporated by DCA provided that DCA will assign to the Customer the assignable warranty that DCA has obtained from its suppliers. 

Notices of defects regarding apparent defects or transportation damages are to be given immediately in writing, but at the latest within a preclusive period of two weeks from delivery or acceptance; apparent defects that cannot be detected within this period in spite of a careful examination are to be notified I n writing immediately, but at the latest within two weeks after determination of the defect, and within a preclusive period of a year from the delivery or acceptance.The Customer shall notify DCA in writing with reasonable detail of such defect. If the Customer has noticed such defect already during the redelivery process, the Customer shall reserve his rights under warranty when accepting the aircraft for redelivery; otherwise he is not entitled to raise a warranty claim for such defect later on. 

The Customer shall return the defective part to DCA’s facilities at the Customer’s own expense and risk. If a defect arises on a non-removable part of an aircraft, the parties shall agree an arrangement by which such defect shall be remedied. 

DCA shall not be obligated to perform any warranty work, if any invoices issued by DCA to the Customer are outstanding. 

A defect is only subject to warranty of DCA, if it arises within twelve (12) months or within 800 (in words: eight hundred) flight hours after redelivery of the aircraft, whichever may occur first. 

The above warranty is in lieu of and the Customer waives all other warranties, obligations and liabilities (express or implied) of DCA arising by law or otherwise with respect to or relating to all services performed and all materials supplied by DCA.

12. Liability Indemnification and Insurance

The Customer shall indemnify and hold harmless DCA, its affiliates, and any of their legal successors, assignees, directors, officers, employees, agents, servants and/or subcontractors (“DCA Indemnities”) on demand from any claim in connection with the performance of the services by DCA except if it was caused by DCA’s negligence or wilful misconduct. 

DCA is not liable for damages (other than personal injury and death) caused by its (simple) negligence. This limitation does not apply in case a material contract obligation has been breached by DCA’s negligence; a material contract obligation exists, if compliance with such obligation is essential for the performance of the transaction as agreed in the contract and the customer usually relies on such compliance; in such case DCA’s liability is limited to contract typical and foreseeable property damages caused by DCA’s (simple) negligence. 

Under no circumstances will DCA be liable for any indirect, incidental or consequential damages such as but not limited to loss of profit, or loss of revenue. 

During the performance of the services by DCA, the Customer shall maintain hull insurance coverage for the aircraft and the spare parts and aviation legal liability insurances. 

The hull insurances shall provide for a waiver of the insurers’ rights of recourse/subrogation against the DCA Indemnities and the DCA Indemnities shall be included as co-insured under the aviation third party legal liability insurance and such insurance shall (i) contain a standard clause as to cross liability or the severability of interest among parties appearing as additional insured to the effect that each assured shall have the same protection as would have been the case had the policy been issued individually to each of them; (ii) contain a provision that the policy is primary without a right of contribution and the liability of the insurance will not be effected by any other insurance of which any additional insured has the benefit so as to reduce the amount payable to the additional insured under such policy; (iii) provide that the insurers waive any right of set off, counterclaim or other deduction against the additional insured; (iv) provide that coverage afforded to the additional insured under such policy shall not be invalidated by any act or omission (including misrepresentation and non-disclosure) of the Customer which results in a breach of any term, condition or warranty of the policy provided that such additional insured has not caused, contributed to or knowingly condoned said act or omission. 

The Customer shall provide to DCA an insurance certificate covering the insurance terms set forth above prior to each delivery of an aircraft for services to DCA.

13. Data protection

The Customer agrees that DCA will store and process personal data provided by the Customer for DCA’s purposes in order to carry out the services agreed with the Customer.

14. Jurisdiction

The exclusive place of jurisdiction shall be with the courts of Stuttgart, Federal Republic of Germany. Nothing in the preceding sentence shall limit the right of DCA to bring proceedings against the Customer in connection with these General Terms and Conditions in any other court of competent jurisdiction.

15. Applicable Law

These General Terms and Conditions shall in all respects be governed by, and construed in accordance with the laws of the Federal Republic of Germany except for the Hague Convention of 1st July 1964 involving Uniform Laws and the International Sale of Goods and the United Nation Convention on Contracts for the International Sale of Goods (CISG) of 11th April 1980. 

In the event of a conflict between the English legal meaning of the wording and the German legal meaning of the wording of these General Terms and Conditions or any parts thereof, the German legal meaning shall prevail.

16. Severability

If any provision of these General Terms and Conditions is or becomes invalid, void or unenforceable, the other provisions of these General Terms and Conditions shall not be affected thereby and the parties agree to replace any invalid, void or unenforceable provision by a valid and enforceable provision which has a content that is as similar as possible to the invalid, void or unenforceable provision