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ABATON

tERMS & CONDITIONS

General Terms and Conditions (GTC) of ABATON Jet Journeys GmbH

§ 1 Scope of Application

  1. The General Terms and Conditions (GTC) apply to all travel contracts concluded between ABATON Jet Journeys GmbH – hereinafter referred to as the Provider – and the customer.

  2. Deviating or supplementary conditions of the customer shall not be considered, unless such supplementary provisions are expressly agreed separately in writing between the Provider and the customer.

  3. The customer assumes all contractual obligations also for travel participants registered by him.

§ 2 Conclusion of the Travel Contract

  1. With the inquiry, the customer offers the Provider the conclusion of a travel contract in accordance with the known travel description underlying the travel contract. The basis of this offer is the travel advertisement and the supplementary information provided by the Provider for the respective trip, insofar as these were transmitted to the customer and are available to the customer. Local and hotel documents, as well as internet advertisements, which are not issued by the Provider himself or have not been issued, are not binding for the Provider and his performance obligations, unless they have become part of the travel contract through express written agreement with the customer. The inquiry by the customer can be made in writing or electronically (e-mail). The Provider then confirms receipt of the inquiry immediately by electronic means. This confirmation does not yet constitute acceptance of the booking order. With the inquiry by the customer, all participants listed by him are also registered. For this registration the customer is liable for all contractual obligations as for his own obligations. The customer also assures, on the basis of his authorization, to accept the General Terms and Conditions on behalf of the other participants. On the basis of the inquiry, the customer receives from the Provider a detailed booking form (offer) with which the customer can book the trip bindingly. The contract is concluded only with a separate declaration of acceptance by the Provider.

  2. After the travel registration, the Provider will send the customer a travel confirmation stating the conditions agreed for this trip. If the content of the travel confirmation deviates from the content of the registration, a new offer of the Provider exists, to which he is bound for a period of 14 days. The travel contract is concluded on the basis of the new offer if the customer agrees to the acceptance by express declaration within the binding period or makes a down payment.

  3. The Provider points out that the statutory provisions pursuant to §§ 312 para. 7, 312 g para. 2 sentence 1 no. 9 BGB in the case of package travel contracts pursuant to § 651 a and § 651 c BGB, which have been concluded by distance selling, do not provide for a right of withdrawal, but only the statutory rights of withdrawal and termination by the customer, in particular the right of withdrawal, may be asserted.

§ 3 Due Date of Travel Price

  1. After conclusion of the travel contract, payments are due as follows:

    30 % of the travel price as a down payment within 14 days after registration confirmation by the customer

    75 % of the travel price 60 days before departure.

  2. The stated prices are per person in EURO including statutory value added tax, insofar as applicable. The travel price is payable without deduction.

  3. Payments are to be made by the customer by bank transfer. In the case of transfers from abroad, the customer shall bear the fees incurred.

§ 4 Travel Services

  1. The Provider offers exclusive round trips by private jet, including accommodation services, catering services and additionally booked travel services according to the travel description. The scope of the services owed by the Provider results from the service description available to the customer and communicated to the customer by the Provider at the time of the travel registration by the customer. Special requests of the customer will be considered as far as possible, however the customer has no legal claim to this. Not included in the travel price are costs of the individual arrival and departure of the customer, personal expenses such as minibar, individual insurances or additional catering expenses etc.

  2. Insofar as changes to the service description occur after registration, these become binding between the contracting parties through express written agreement. A separate written agreement is not required if the changes or deviations in individual travel services from the travel contract are not significant and do not affect the overall nature of the booked trip. Possible warranty claims remain unaffected, insofar as the changed services are defective.

  3. The Provider is obliged to inform the customer of service changes or deviations immediately after becoming aware of them in the form stated in § 2. Insofar as the travel price changes subsequently due to the changes or a change of an essential travel service occurs, the Provider must inform the customer immediately. Price increases are only possible up to 21 days before departure. If the price increases exceed 5 % of the travel price or a significant change of the travel itinerary (the travel service) is present, the customer is entitled, within a reasonable period of time communicated by the Provider, to withdraw from the travel contract or to obtain participation in an equivalent trip, insofar as such a trip is offered by the Provider. If the customer does not declare withdrawal from the travel contract within the period set by the Provider, the change shall be deemed accepted.

§ 5 Withdrawal, Rebooking by the Customer

  1. The customer may withdraw from the trip at any time before the start of the trip by written declaration. The relevant date is the date of receipt of the withdrawal declaration by the Provider. Insofar as the customer withdraws from the travel contract or does not start the trip, the Provider may, insofar as the withdrawal is not attributable to him or a case of force majeure exists, demand compensation for the travel arrangements made and for expenses from the respective travel price. The provisions of § 651 h para. 3 BGB remain unaffected. When calculating compensation, usually saved expenses and usual possible other use of the travel services are taken into account by the Provider. The customer is entitled to provide proof that no damage was incurred at all or lower than the flat rate. The Provider may standardize the compensation claim, taking into account the following schedule with regard to the time of withdrawal before the contractual start of the trip in a percentage ratio to the travel price. Compensation is calculated according to the time of receipt of the withdrawal declaration as follows:
    Up to 90 days before departure: 30 % of the total price
    From 89 to 60 days before departure: 50 % of the total price
    From 59 to 15 days before departure: 70 % of the total price
    From 14 days before departure: 100 % of the total price

Deviating from this, the payment or cancellation conditions agreed in the travel service description or in the travel contract apply.

Until the start of the trip, the customer may demand in writing that a substitute person enters into the contract. The Provider may object to the change if there are important reasons against it (e.g. failure to meet the travel requirements by the substitute person). Original customer and substitute person are jointly and severally liable for the travel price and any additional costs.

§ 6 Withdrawal by the Provider

  1. The Provider reserves the right to withdraw from the travel contract before the start of the trip or to terminate the travel contract without notice after the start of the trip in the following cases:

  • If the customer has not paid the down payment and/or the remaining payment or the travel price by the contractually agreed date and a reasonable grace period set by the Provider has expired without result.

  • If the customer persistently disturbs the execution of the trip despite a warning by the Provider or an authorized representative of the Provider, or if he behaves in such a way that the immediate cancellation of the contract is justified.

  • Insofar as the minimum number of participants has not been reached 90 days before departure.

If the Provider terminates the travel contract for the aforementioned reasons, he retains the claim to the travel price, but must credit the value of the saved expenses as well as those advantages which result from another use of the unused services, including the amounts credited to him by the service provider. In this respect, the burden of proof lies with the customer.

Insofar as the withdrawal due to failure to reach a minimum number of participants is carried out by the Provider, this is only possible if the Provider has pointed out in the travel description that the trip will only take place if a minimum number of participants is available. At the same time, the Provider must point out by when the minimum number of participants must be reached.

The minimum number of participants and the latest withdrawal date will be expressly stated in the travel offer. In the event of withdrawal by the Provider, the customer shall be reimbursed the paid travel price without delay.

§ 7 Termination of the Contract Due to Extraordinary Circumstances

  1. If the execution of the trip is considerably impeded, endangered or impaired as a result of force majeure, natural disasters, political unrest or pandemics not foreseeable at the time of contract confirmation, both the Provider and the customer may terminate the travel contract. If the contract is terminated, the Provider may demand reasonable compensation for the travel services already rendered or still to be rendered for the termination of the trip, except in the cases of § 651 h para. 3 BGB

  2.  In the event of withdrawal, the Provider is obliged, in particular if the travel contract provides for the return transport of the customer, to take all necessary measures for the return transport. The additional costs for the return transport are to be borne by the customer.

§ 8 Warranty

  1. If the travel services are not provided in accordance with the contract, the customer may demand remedy. The Provider may refuse the remedy if it requires disproportionate effort. The Provider may also provide an equivalent substitute service. In addition, the provisions of § 651 k BGB apply.

  2. For the duration of a non-conforming provision of a travel service, the customer may demand a corresponding reduction of the travel price (reduction of the travel price). The travel price shall be reduced in the ratio in which, at the time of conclusion of the contract, the value of the trip in a defect-free condition would have stood to the actual value. The reduction shall not apply insofar as the customer fails to notify the defect immediately.

  3. If a trip is considerably impaired as a result of a defect and the Provider does not remedy the defect within a reasonable period of time, the customer may terminate the travel contract in writing within the framework of the statutory provisions. The same applies if the trip can no longer be reasonably expected of the customer as a result of a significant defect. The determination of a period for remedy is not required if remedy is impossible or the Provider refuses it. The customer owes the Provider the partial amount of the travel price attributable to the services used.

  4. The customer must assert the aforementioned claims in writing to the Provider within one month after the contractually agreed end of the trip. After expiry of this period, the customer may only assert the claims if he was prevented from meeting the deadline without fault.

  5. The Provider is not liable for circumstances of force majeure, weather conditions, official orders or fault of the customer. The customer undertakes to follow the instructions of the tour guide and the flight personnel. In the event of culpable disregard by the customer, the Provider assumes no liability for damages incurred.

§ 9 Limitation of Liability

Claims for damages of the customer against the Provider from the travel contract which do not concern bodily injury are limited to the travel price, insofar as damage to the customer was neither caused intentionally nor by gross negligence or insofar as the Provider is solely responsible for a damage to the customer due to fault of a service provider.
The tortious liability of the Provider for property damage not based on intent or gross negligence is limited to the travel price. This liability maximum amount applies per customer and trip. Liability for injury to the life, body or health of the customer remains unaffected.

§ 10 Duty of Cooperation of the Customer

The customer is obliged to notify the Provider immediately in writing of any travel defects that may occur. If the customer fails to give notice of defects, the customer may not assert any claims for reduction pursuant to § 651 m BGB, nor any claims for damages pursuant to § 651 n BGB. The notice of defects must be made to the Provider at his registered office, the corresponding contact details are set out in the travel contract. Regardless of this, the customer is obliged to make complaints immediately to the tour guide.
The customer is responsible for punctual arrival at the agreed meeting points and departures. In the case of self-inflicted delay or non-commencement (e.g. late arrival at the airport), the customer shall bear all resulting costs, in particular for independent onward travel to the next meeting point. In the event of grossly negligent delay and the resulting delay of the flight schedule, the Provider reserves the right to assert claims for damages.

§ 11 Limitation

Claims of the customer for remedy, termination of the travel contract, reduction of the travel price, damages pursuant to §§ 651 k to 651 n BGB become time-barred within the statutory period. Further claims remain unaffected. The assertion of corresponding claims can only be made against the Provider at his registered office specified in the travel contract.

§ 12 Visa, Customs and Passport Regulations

The customer will be informed within the scope of the offered travel services, insofar as he is a national of an EU Member State, about regulations of passport, visa and health police formalities which are necessary for the trip and the stay. Any changes before departure will be communicated to the customer separately. In addition, the customer is responsible for compliance with all regulations necessary for the execution of the trip.
Insofar as the customer violates the above-mentioned regulations and disadvantages result from this, these are borne by the customer. In the case of cross-border travel, the customer is obliged to inform which nationality he has.
The customer is responsible for obtaining and carrying all necessary travel documents as well as for complying with health regulations. Disadvantages due to missing or invalid documents (e.g. refusal of entry) are borne entirely by the customer.

§ 13 Insurances

The customer is recommended to take out travel cancellation insurance or travel interruption insurance when concluding the travel contract. The Provider also recommends the conclusion of foreign health insurance including return transport coverage.

§ 14 Health Requirements, Rules of Conduct

The customer undertakes to inform the Provider in writing before the start of the trip of any health restrictions or special health needs. The Provider reserves the right to refuse participation of a customer if there are health risks for himself or other participants.
The customer undertakes to respect and observe the local laws and cultural customs of the countries visited. The Provider reserves the right to exclude customers from further participation who endanger others through their behavior or considerably disturb the execution of the trip. In this case, there is no claim for reimbursement or compensation by the customer.

§ 15 Final Provisions

Only German law applies to the contractual relationship.
Place of performance is the registered office of the Provider.
If individual provisions of the travel contract or the general terms and conditions of contract should be or become invalid, the validity of the remaining provisions shall not be affected thereby. Insofar as GTC clauses are invalid, the relevant statutory provision (§ 306 para. 2 BGB) shall apply in their place.
The additional data protection provisions become part of the contract.

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