GTC Charter - for Companies
General Information, Scope
1. The following Terms and Conditions of Business apply to all contracts of carriage entered into between Atlas Air Service AG (“ATLAS”) and its contracting parties and chartering, as well as for other services and provisions of the flight operation department of ATLAS Air Service AG. They also therefore apply to all future business relations, even if they are not expressly agreed to again. These terms and conditions do not apply to contracts with consumers within the meaning of Section 13 German Civil Code (BGB).
2. These General Terms and Conditions of Business are valid in the German version. The English translation is for better understanding only.
I. Offers and Placing of Orders
1. All prices are quoted net, i.e. plus the statutory VAT applicable at the time. Additional costs for de-icing, possible hangar use as well as additional costs incurred (early/late opening of the airfield, VIP lounge, special handling or catering beyond the costs calculated by ATLAS etc.) will be invoiced separately and, if necessary, invoiced retroactively.
2. The flight offered and confirmed is subject to the necessary traffic rights, weather conditions, technical readiness and airworthiness of the aircraft concerned and the exclusion of force majeure.
3. The order must be placed in text form. The contract of carriage comes into being by a corresponding booking confirmation by ATLAS. Text form is sufficient.
4. All offers of ATLAS are subject to confirmation and non-binding and are subject to availability of the respective aircraft.
II. Services, Obligations of Flight Passengers, Behaviour on Board, Refusal of Carriage
1. The flight times specified in the respective contract of carriage, order or elsewhere are binding on ATLAS. These are pure flight times, i.e. the total time between the actual take-off, i.e. lift-off of the aircraft and the actual landing.
2. ATLAS is only liable in the event of delays and other disruptions of flight operations if it is at fault. If the time during which the aircraft is available to the Contracting Party as agreed is exceeded because the Passenger, baggage or freight consignments are not available in time for boarding, because travel documents or other documents required for carriage are missing or this is caused by other actions or omissions of the Contracting Party, its employees, agents or the Passengers of the Contracting Party, the Contracting Party shall owe ATLAS demurrage in accordance with the scale of charges of the respective airport as well as reimbursement of expenses for additional ground and flight times.
3. The carriage of children up to the age of 12 without an accompanying person requires prior agreement with ATLAS.
Note: For the international carriage of minors, the written consent of all legal guardians with signature, as well as the presentation of a copy of an identity card or passport of all legal guardians may be required. If only one parent accompanies the minor and both parents are primary carers, written consent with signature and presentation of a copy of an identity card or passport of the other primary carer may be required.
4. Passengers are required to be present at the gate no later than the time specified at check-in.
5. If Passengers do not arrive in time for boarding, ATLAS is entitled to cancel the booking.
6. ATLAS is not liable for damage and expenses incurred by Passengers due to violations of these regulations for which they alone are responsible or of the regulations of the partner companies of ATLAS.
7. Passengers must always be seated during the flight. It is mandatory to wear a seat belt.
8. In the event of non-availability of the offered aircraft, ATLAS reserves the right to provide at least an equivalent aircraft of its own fleet, in case of non-availability due to force majeure also a lower-quality aircraft of its own fleet. If the Contracting Party does not consent to the provision of a lower-quality aircraft of his own fleet, ATLAS reserves the right to provide an equivalent aircraft in a sub-charter agreement. Any additional costs demonstrably incurred that deviate from the offer will be charged to the Contracting Party in full and without restriction, without the Contracting Party being granted any further rights arising therefrom.
9. ATLAS may refuse carriage or onward carriage of a Passenger, cancel the flight order booked, or exclude the Passenger from onward carriage at a stopover if it determines, at its reasonable discretion, that the action is necessary for reasons of safety or order because the action is necessary to avoid breach or non-compliance with the rules of the countries from which the flight takes off, which it flies over or at which it lands.
10. ATLAS may refuse carriage or onward carriage of a Passenger, cancel the flight order booked or exclude the Passenger from onward carriage at a stopover if it determines, in its reasonable discretion, that the conduct, state or mental or physical condition of the Passenger is such as to require special assistance from ATLAS which the pilot in command cannot provide or can only provide with disproportionate effort, or which causes substantial or repeated inconvenience or whose presence other passengers cannot be reasonably expected to tolerate, or if carriage may adversely affect the safety, health or wellbeing of other passengers to a not insignificant extent.
11. ATLAS may refuse carriage or onward carriage of a Passenger, cancel the booked flight order or exclude a Passenger from onward carriage at a stopover if it determines, in its reasonable discretion, that the Passenger's conduct, state or mental or physical condition, including the effects of alcohol or drug abuse is such as to
a) expose himself, other passengers or crew members to danger, or
b) fail to comply with the proper instructions of ATLAS or the pilot in command, or
c) expose himself or other people or items to danger, or
d) he has acted to a not inconsiderable extent contrary to regulations on a previous flight and there is reason to believe that such conduct may recur, or
e) he has refused to be subjected to a security check, or
f) he has not paid the agreed airfare, taxes, fees or surcharges, or
g) he is not in possession of valid travel documents, wishes to enter a country for which he is only entitled to transit or for which he does not possess valid entry documents, destroys the travel documents during the flight or refuses to hand them over to the crew against a receipt despite a request to do so or
h) does not comply with the safety rules of ATLAS.
12. Should ATLAS or one of its partner companies refuse carriage for any of the above reasons, all claims for carriage and compensation shall be excluded.
13. The carriage of disabled, sick or other persons requiring special care must be notified in advance.
1. Each Passenger is entitled - unless otherwise agreed - to carry 14 kg of luggage.
2. Passengers must to refuse to take with them any baggage received from strangers in either their cabin baggage or checked baggage.
3. The baggage must not contain:
a) items which are likely to endanger the aircraft or persons or items on board the aircraft. The ICAO and IATA dangerous goods regulations apply. These include in particular explosives, compressed gases, oxidising, radioactive or magnetising substances, highly flammable substances, toxic or aggressive substances.
b) items the carriage of which is prohibited by the regulations of the country from which the flight will take off, fly over or at which it will land.
c) items which, because of their weight, size or nature and their perishability, fragility or particular sensitivity, are dangerous or unsafe or unsuitable for carriage.
4. Individual lithium batteries or lithium accumulators (as used in electronic consumer goods such as laptop computers, mobile phones, watches, cameras, etc.) may only be carried in hand luggage. No more than two individual lithium batteries or accumulators with a watt-hour capacity up to 160 Wh may be carried as spare batteries for electronic consumer goods. The carriage of individual batteries or accumulators with a watt-hour capacity of 100 Wh to 160 Wh requires the prior consent of ATLAS. Further details on the transport of batteries and accumulators can be found in the international dangerous goods regulations of the International Civil Aviation Organization - ICAO - as an international civil aviation organization, which can be viewed directly on the ICAO website under the heading Dangerous Goods or on the website of the Federal Aviation Authority.
5. If the Passenger carries weapons of any kind on his person or in his baggage, in particular firearms, cutting weapons, thrusting weapons and sprayers used for offensive or defensive purposes, ammunition and explosive substances, items which, by their external form or marking, give the appearance of weapons, ammunition or explosive substances, the Passenger must report this ATLAS before commencing the journey. Such items may be carried only if they are carried as cargo or checked baggage in accordance with the provisions governing the carriage of dangerous goods. Clause 2 shall not apply to police officers who are obliged to carry arms in fulfilment of their official duty. They must unload their weapon and keep the ammunition in their custody separately from the weapon.
6. Weapons of any kind, in particular firearms, cutting weapons, thrusting weapons, sprayers and sporting firearms may be accepted as baggage at the discretion of ATLAS. They must be unloaded and provided with a locked safety lock. The carriage of ammunition is subject to ICAO and IATA regulations as specified in 18.104.22.168.
7. If the Passenger is responsible for the fact that items are contained in the checked baggage contrary to the provisions under Section 3(3), ATLAS shall not be liable. If the presence of an item referred to in Section 3(3) is established in the course of carriage, ATLAS may refuse its onward carriage.
8. ATLAS may refuse to carry baggage if it is unsuitable for carriage due to its size, shape, weight, type and contents or for safety reasons. Passengers may request information on items unsuitable for carriage.
9. ATLAS may refuse to carry baggage if it is not properly packed to ensure safe carriage.
10. For security reasons, ATLAS may, in particular at the request of the security authorities, require Passengers to consent to a search or screening of themselves and their baggage and to an x-ray of their baggage. If the Passenger does not agree to such an investigation, ATLAS may refuse to carry the Passenger and the baggage.
11. Items which are not suitable for carriage in the hold, e.g. sensitive musical instruments, are accepted for carriage in the cabin only if ATLAS has been notified in advance and has accepted them for carriage. For this a surcharge may be charged.
12. Passengers are required to collect their baggage immediately after it has been made available for collection at the airport of destination or at the stopover.
13. Live animals, dogs, cats, pet birds and other domestic and farm animals must not be brought on board, except after prior notification to and with the consent of ATLAS.
IV. Administrative Regulations
1. The Passenger must comply with all laws, regulations, orders, requirements or travel rules of the countries flown over, flown to or flown from, and all rules, orders and instructions of ATLAS. ATLAS shall be liable for any assistance or information given by any agent or employee of ATLAS to any Passenger or Contracting Party in obtaining the necessary documents or complying with any applicable laws, regulations, orders, requirements, travel regulations or instructions, whether given orally in writing or in any other way, only in cases of wilful misconduct or gross negligence.
2. Passengers must present all entry and exit papers, health certificates and other documents required by the laws, regulations, orders, requirements or conditions of the countries in question. ATLAS shall have the right to deny carriage to any Passenger who has failed to comply with any applicable law, regulation, order, requirement or condition, or whose documents are incomplete. ATLAS shall not be liable to the Passenger or the Contracting Party for any losses or costs arising out of the Passenger's or the Contracting Party's failure to comply with these provisions.
Travel documents and visas must be valid for the entire duration of the journey, including any breaks. ATLAS has no responsibility in this respect, in particular ATLAS is not obliged to check the existence and validity.
ATLAS is also not liable for the consequences that a Passenger or Contracting Party may suffer as a result of failure to obtain the necessary documents or as a result of non-compliance with the relevant laws, regulations, orders, requirements, travel regulations or instructions.
3. The Contracting Party undertakes to pay the applicable fare in accordance with the applicable laws and regulations in the event that ATLAS is ordered by any government or authority to take the Passenger to his or her point of departure or any other place because the Passenger is not permitted entry into a country (country of transit or destination). ATLAS may use the funds paid to ATLAS by the Contracting Party or the Passenger for unused carriage or the Passenger's assets held by ATLAS to pay such fares. The fare paid up to the point of non-acceptance or expulsion for carriage will not be refunded by ATLAS.
4. The Contracting Party shall be liable to ATLAS for all damage incurred, in particular fines, penalties and expenses, which ATLAS has to pay or deposit because the Passenger does not comply with the laws or regulations, orders, documents or travel regulations of the country in question applicable to the entry or transit of the Passenger or because the documents required by virtue of these regulations have not been duly presented. The Contracting Party is required to reimburse immediately any sums of money that ATLAS has to pay or deposit. This obligation applies not only to the contracting party, but also to the party who bought or paid for the ticket. ATLAS shall be entitled to use funds in its possession to cover such expenses.
5. Upon request, the Passenger must be present at the inspection of his baggage by customs officials or other government officials. ATLAS declines any responsibility towards the Contracting Party and the Passenger if the Passenger does not observe these conditions. If ATLAS suffers damage as a result of the Passenger's failure to comply with these conditions, the Contracting Party ATLAS shall be liable for such damage.
6. Passengers are obliged to submit themselves and their baggage to the security investigations carried out by the authorities, the airport companies or by ATLAS.
7. ATLAS is entitled to transmit passport data and personal data processed and used in connection with the journey by ATLAS to authorities in Germany and abroad (including authorities in the USA and Canada), if the respective transmission request of the authority is carried out on the basis of mandatory statutory regulations and is therefore necessary for the fulfilment of the contract of carriage.
8. ATLAS shall not be liable if it believes in good faith that the laws, government regulations, requirements, orders or conditions it deems authoritative do not permit the carriage of a Passenger and it refuses to do so.
V. Services on Board
Meals served on the plane are included. A separate fee may be charged for special requests.
1. The fare must be paid in full no later than before departure, unless otherwise agreed in writing. In the event of default in payment, ATLAS shall be paid interest on arrears in addition.
2. If there is a period of more than eight weeks between registration and the start of the journey, ATLAS is entitled to pass on any price increases imposed on it (airport fees, fuel, etc.) to the contracting party.
3. If the increase is more than 10% of the flight price, the contracting party is entitled to withdraw from the contract within 14 days.
All taxes or other charges levied by public authorities or airport operators in respect of the Passenger or his use of services shall be payable in addition to the fares where they are not included in the fares.
VIII. Withdrawal from the Contract
1. The Contracting Party may withdraw from the contract at any time before boarding the flight. Withdrawal must be declared in writing. The declaration must be received by ATLAS during normal business hours.
2. Unless otherwise agreed, the Contracting Party may withdraw from the contract before the start of the flight. A further right of withdrawal remains unaffected by this. In the event of withdrawal by the Contracting Party, ATLAS is entitled to a flat-rate claim for withdrawal or cancellation fees, unless otherwise agreed in writing, which are calculated as follows on the basis of one hundredth of the flight price:
a. for cancellations up to 72 hours before departure 10%, minimum € 1.000,00.
b. for cancellations up to 48 hours before departure 50%, minimum € 1.500,00.
c. for cancellation up to 24 hours before departure 80%, minimum € 2.000,00.
d. for cancellation less than 24 hours before departure 100%.
e. plus for d. in the case of provision already made or costs already paid, the current costs will be charged additionally, without ATLAS being required to provide proof.
Cancellation fees are quoted gross, i.e. including the statutory value added tax applicable at the time.
The cancellation fees are subject to VAT.
3. In the event of cancellation, direct flight operating costs not incurred are already taken into account in the level of the cancellation fees. In the event of cancellation of a third-party flight arranged by ATLAS, the cancellation costs of the third-party airline will be charged in full. The contract and conditions of carriage of the third-party airline apply.
4. The Contracting Party has the right to prove that the loss to ATLAS was lower.
IX. Liability, Limitation Period, Deadlines
1. ATLAS shall be responsible for the proper conduct of the flight in accordance with the Montreal Convention on the Carriage of Passengers and Baggage or other applicable regulations. ATLAS is not liable for force majeure, in particular strikes and sabotage. The passenger and the contracting party are required to minimise any damage that may occur and shall draw particular attention to the possibility of disproportionate loss. All possible damage or losses are to be reported to ATLAS immediately in written form.
2. If, due to unforeseeable changes in weather conditions and/or other unforeseeable reasons or technical concerns, it is absolutely essential for safety reasons to switch to an airport of destination other than the originally planned and agreed destination, ATLAS shall not assume any costs for any onward transport of Passengers to the original destination that may become necessary.
3. Liability for material damage and financial loss is limited to three times the airfare, unless gross negligence or intent on the part of ATLAS has led to the damage subject to the claim. Any replacement solution obtained elsewhere as a result of the damage event must be charged to the contracting party.
4. No liability is assumed for damages that are not caused by ATLAS itself or its vicarious agents
5. If ATLAS acts on behalf of an agent for third parties, the agent is liable as the principal. If ATLAS acts as an agent, ATLAS is only liable as an agent for this carrier. The terms and conditions of the airline commissioned shall then apply.
6. Further protection of the contracting party against damage of any kind may, however, be agreed in individual contracts.
7. The assertion of claims for material damage and financial loss under the contract of carriage shall be excluded if they are not brought before the courts within 6 months of the date of arrival of the aircraft at its destination or of the date on which the aircraft should have arrived or of the date on which carriage was interrupted. Otherwise, the statutory provisions apply.
X. Decision-making Powers of the Pilot in Command
The pilot in command of the aircraft is entitled to take all necessary security measures at any time. In this respect, he has full decision-making power over the modification of the payload and seat capacity provided, over the Passengers and goods as well as over the loading, distribution and unloading of freight and luggage. Likewise, the pilot in command shall make all necessary decisions as to whether and how the flight is to be conducted, whether it is to deviate from the intended route and where it is to land.
XI. Performance of Contract
ATLAS is entitled to make use of third parties for the performance of its obligations in whole or in part. If ATLAS terminates the contract of carriage due to loss of the aircraft for technical or operational reasons or due to force majeure after the start of the flight, the Contracting Party shall owe a part of the agreed flight price reduced in proportion to the number of flight hours not completed to the total flight hours.
XII. Freight Transport
1. ATLAS may refuse carriage or onward carriage of cargo or cancel the partial booking if
a) the external dimensions, volumes, weights and weight distributions do not correspond to the agreements of the contract of carriage,
b) correct loading and unloading of the aircraft is not possible,
c) the freight contains goods which do not belong to the agreed substances but in particular substances or items which are subject to the provisions on the carriage of dangerous goods,
d) freight documents are missing and there are no weight specifications for the freight,
e) when transporting substances or items subject to the provisions on the carriage of dangerous goods, documents are found to be missing on the basis of the checklist such as NOTOCs, or ground handling agents and loaders not approved by IATA,
f) in the case of substances or items of accompanying persons or packaged with or as cargo, they are weapons of any kind, in particular firearms, cutting weapons, thrusting weapons, sprayers used for offensive or defensive purposes, ammunition or explosive substances or items which, by their external form or marking, give the appearance of weapons, ammunition or explosive substances. ATLAS shall not permit the carriage of such items unless they are carried as cargo or hold baggage in accordance with the provisions governing the carriage of dangerous goods. The latter does not apply to police officers who are obliged to carry weapons in the performance of their duties. They must unload their weapon and keep the ammunition in their custody separately from the weapon.
2. If ATLAS terminates the contract of carriage for one of the aforementioned reasons after the start of the flight, the Contracting Party shall owe a part of the agreed flight price reduced in proportion to the number of flight hours not completed to the total number of flight hours.
XIII. Final Provisions, Governing Law
1. Declarations of intent (termination, etc.) must be submitted in writing using any available medium (post, fax, email, etc.). Changes of address must be notified immediately to the other Contracting Party.
2. Place of performance is Bremen.
3. All claims arising from the contract shall be governed by the law of the Federal Republic of Germany and all mandatory provisions of aviation law, insofar as these take precedence over German law.
4. The exclusive place of jurisdiction for all claims arising from and on the basis of the contractual relationships between the contracting parties, including legal actions on cheques and bills of exchange, as well as all disputes arising between the parties, shall be Bremen, Federal Republic of Germany.
Status: June 2020