Operation
Sperberweg 4
D - 33142 Büren-Ahden

The following Terms of Business of PAD Aviation are a constituent part of an order confirmation. Any deviations therefrom shall be valid only if confirmed in writing by PAD Aviation.

The transportation services offered shall be provisional, subject to availability of the aircraft and crew, until PAD Aviation sends written confirmation thereof to the charterer. Thereafter, the order placed shall be subject to technical feasibility, granting of air traffic rights, slots, and other miscellaneous clearances by the authorities.

Services
Following acceptance of an order by PAD Aviation, the charterer shall be granted the right to transportation for itself and any third party it designates. The transportation contract shall also encompass the baggage of passengers, unless otherwise specified.

Contract fulfillment
PAD Aviation shall be entitled to subcontract its contractual obligations in part or in whole to a third party. If PAD Aviation cancels a charter contract after the flight has commenced, as a result of technical problems with the aircraft or for operational grounds or for events beyond its control, the charterer shall compensate PAD Aviation for the pro rata share of the charter fee based on the ratio of actual time flown versus the total planned flying time.

Transportation of dangerous goods
No dangerous goods that may endanger the aircraft or passengers shall be carried on board. Passengers shall, prior to boarding the aircraft, check their hand and checked baggage versus the list of forbidden goods provided. Passengers carrying any dangerous goods on their person or in their baggage, as defined under §27 par. 4 of LuftVG (Air Traffic Act), especially weapons or similar objects, shall notify the captain accordingly before boarding the aircraft. The captain shall rule on how these goods are to be transported.

Captain’s authority
The captain of the aircraft is authorized to take all necessary safety precautions. Accordingly, the captain is fully competent to decide on the payload, seating capacity, passengers, their belongings, and the loading, unloading, or distribution of baggage and freight. The captain shall similarly decide on if and how the flight is to be flown, deviations from the flight plan, and where to land. Furthermore, the captain may refuse to carry passengers without reservations, or cancel or divert a flight if the conduct of a passenger(s) is deemed to adversely affect the safety and personal rights of other passengers. In such an event, the charterer shall pay the contractual charter fee plus any extra costs incurred for measures taken to address the situation at hand.

Aircraft De-Icing
The charterer has to pay the fees due to possible necessary deicing of the aircraft. PAD Aviation will this invoice cost to the charterer.

Transportation and travel documents
PAD Aviation shall organize the transportation documents. The charterer shall submit correct and complete information due to PAD Aviation, and also ensure that the passengers hold and fulfill all travel documents / requirements such as passports, visas, vaccinations, etc. The charterer shall bear the costs for any damage arising from incorrect, incomplete, delayed, or improper information provided to PAD Aviation.

Payment
Unless otherwise agreed the invoice shall be payable in full immediately upon receipt. PAD Aviation may revoke the charter contract, if the invoice is not paid on time. The charterer shall not be entitled to offset this amount against other receivables from PAD Aviation.

Delays
PAD Aviation shall be liable for flight delays or other malfunctions of the aircraft for causes attributable to PAD Aviation, whereby the provisions of the Warsaw Convention, as applicable, shall remain in effect.
The Charterer shall compensate PAD Aviation for demurrage charges incurred at the respective airport and extra fees for ground time and block time, if the chartered aircraft is kept waiting beyond the contractually scheduled departure time because the booked passengers, their baggage, or freight shipments are not available on time for the scheduled departure, or if the appropriate travel or other necessary documents are missing or lacking because of acts or omission by the charterer or its employees or agents or the passengers.

Cancellation / Rebooking
The charterer shall pay a cancellation fee based on the sliding scale below, if it cancels a contract for flight booked with a PAD Aviation aircraft, before scheduled departure:

After booking: EUR 500
Up to 96 hrs before the 1st scheduled departure: 10 % of charter fee
Up to 72 hrs before the 1st scheduled departure: 20 % of charter fee
Up to 48 hrs before the 1st scheduled departure: 40 % of charter fee
Up to 24 hrs before the 1st scheduled departure: 60 % of charter fee
Up to 12 hrs before the 1st scheduled departure: 80 % of charter fee
Up to 06 hrs before the 1st scheduled departure: 100 % of charter fee

These cancellation fees are lump-sum amounts, whereby PAD Aviation expressly reserves the right to file additional claims. In case the charterer cancels a third-party aircraft that PAD Aviation has organized, the applicable fee of the third-party shall be invoiced in full to the charterer. A notice of cancellation must be submitted in writing to PAD Aviation, and the time of its receipt shall govern the applicable charge.

A flight may be rebooked free of charge up to 24 hours before the scheduled departure, and thereafter for a rebooking fee of EUR 500. Rebooking shall be subject to availability of the aircraft and the granting of landing permits and slots. The fee for cancellation of a rebooked flight shall be a minimum of 40 % if the charter fee.

Special services
PAD Aviation shall invoice the charterer for any special services rendered or organized, such as VIP service, special catering, onboard telecommunications via satellite phones, etc.

Liability
PAD Aviation shall not be liable for cancellation or delay of a flight arising especially form events beyond its control, hindrances caused by the authorities or third parties, strikes, lockouts, and war or warlike situations, unless PAD Aviation is directly responsible for the cancellation / delay or has acted in a grossly negligent manner. Furthermore, PAD Aviation shall not be liable for actions of other airlines, security clearance and handling firms and their vicarious agents, or for personal belongings left onboard by the passengers. The charterer shall be held fully liable for any damage caused to the inside or outside of the aircraft by the passengers or by any member of the crew it deploys.

Governing law, Jurisdiction
The charter services provided shall be governed by the Laws of Germany, with special reference to provisions of the Air Traffic Act, regulations of the Montreal Convention, and PAD Aviation’s Terms of Business for transportation services. Passengers shall be compensated and assisted in the event of denies boarding and of cancellation or long delay of flights, in accordance with the EC Regulation No. 261/2004. Jurisdiction for any disputes that arise shall be exclusively in Herford, Germany.

Miscellaneous
If any provision of these Terms of Business is declared or becomes void, the remaining provisions shall continue in full force and effect.

1. Content
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