Atlas Air Service AG – General Terms & Conditions

GTC Maintenance

I. Scope of Application

1.  All agreements with our customers regarding maintenance, repair and overhaul services, or regarding non-destructive testing (NDT services) are subject exclusively to our terms of business for maintenance services (hereinafter also called "terms of business").  We do not recognise any of the Customer's terms of business which deviate from (or which supplement) our own. Our terms of business shall apply even if we perform the commissioned service without expressing any reservations, but knowing that the Customer's terms of business deviate from (or supplement) our own. 

2.  Where we sell the Customer spare parts under agreements for maintenance, repair and overhaul services or for non-destructive testing, our General Conditions of Sale shall also apply.

3.  Our terms of business also apply to all future agreements with the Customer under the existing business relationship.

II. Quotation, Negotiation of Contract; Cost Proposal and Cost Estimate, Returning of used Parts for Exchange 

1.  Our quotations are open and non-binding, and we may withdraw from them until the Customer has made a written declaration of acceptance of them.  

2.  If the Customer's enquiry is not based on any quotation from ourselves, then we shall be entitled to accept the Customer's offer of contract as implicit in the enquiry within two weeks of receiving it. Acceptance may be declared either by written confirmation of order or implicitly by virtue of commencement of work.  

3.  Should the client require a written cost proposal, then we are required only to conduct an expert calculation of prospective costs. We can take on no guarantee for the correctness of the cost proposal. This does not affect §650, BGB (= German Civil Code).  

4.  Cost estimates issued by ourselves, by comparison with a cost proposal, represent nothing more than a non-binding prediction of the prices entailed in the provision of a service by ourselves. The cost estimate is non-binding. 

5.  The Agreement is negotiated subject to reservation of prompt and correct delivery to ourselves from our own suppliers. This applies only in a case where the non-delivery was not our fault, with particular reference to the negotiation of a corresponding covering transaction with our own supplier. We shall inform the Customer of the non-availability of any service, and reimburse any payment that may already have been received in prospect of provision of service. 

6.  Brochures, advertising texts etc as produced by ourselves or as issued by the manufacturer, and the information they contain, shall be a constituent part of the agreements we negotiate only if they are expressly included in the Agreement. 

7.  The Customer must send us used parts for exchange (core unit) – free of charge to ourselves – no later than within 10 calendar days following negotiation of the Agreement. If the Customer does not adhere to this deadline, with the result that we incur costs, then we shall be entitled to charge the Customer for such costs. 

III. Particular Provisions governing NDT Services  

1.  The Customer shall bear the costs and risks of transportation of materials to be tested to our workshops and back to the Customer.  

2.  No later than by the time of arrival of the materials with ourselves, the Customer must have sent us written notification of any required hazard and handling instructions concerning the materials for testing.  

3.  The acceptance of materials for testing purposes does not represent transfer of ownership. Materials remain the Customer's property. 

4.  We reserve all copyrights over the reports and test results (hereinafter called "reports") which we have produced. 

5.  The Customer may utilise our reports only for the purpose for which they are intended as defined in the Agreement.

6.  The forwarding, duplication or publication of our reports – in whole or in part – shall be prohibited except by our corresponding written agreement with the Customer.  

IV. Prices and Payment Conditions

1.  Unless otherwise agreed by ourselves with the Customer, our prices are understood to be net prices. Any subsidiary charges arising, such as those for installation, for example, shall be charged separately to the Customer. VAT is not included in our prices; where VAT arises, it shall be itemised in the appropriate amount according to the rate on the date of invoicing. Where the order is carried out on the basis of a cost proposal, it shall be adequate merely to make reference to the cost proposal, explicitly itemising only such additional works as may have arisen. 

2.  Unless agreed otherwise with the Customer, the Customer is under obligation to make payment of invoiced amounts, without any deductions, by the transfer of payment – within 14 days after the date of invoice, and with no charges to ourselves – into one of our accounts. 

3.  Should the manufacturer not accept an used part for exchange (core unit), then we shall be entitled further to charge the Customer for the costs consequently arising.   

4.  Cheques and drafts are accepted only on account of payment. All costs arising upon their presentation shall be chargeable to the Customer. 

5.  The Customer may apply offset only if its counterclaims are established in law or are undisputed. The same shall apply in respect of the Customer's substantiation of rights of retention and of refusal to pay.  

V. Acceptance  

Where acceptance is envisaged, by law, 

1.  Acceptance by the Customer shall be conducted at the site in which the service was performed. 

2.  In the event of delay in acceptance – e.g. in connection with acceptance of the ordered item – we may (in addition to the full extent of our statutory rights) also require reimbursement of any additional expenditures (e.g. those arising in connection with storage of the ordered item). Costs and risks of storage shall be the Customer's responsibility.

VI. Contractual Right of Possession 

1.  In relation to our claims arising under the Agreement, we hold a contractual right of possession over items that have passed into our possession in the course of the Agreement. The contractual right of possession may also be claimed in connection with claims from services provided at an earlier stage, to the extent that they have a bearing on the item being the subject of contract. For any other claims arising from the business relationship with the Customer, the contractual right of possession shall be applicable only to the extent that such rights are undisputed or have been legally approved, and if the ordered item is the client's property. 

2.  If the item that has entered our possession in connection with the Agreement is an aircraft which is entered on the aircraft register, then the Customer is required to approve the appointment of a registered right of possession to the extent defined in paragraph VI.1 in respect of the aircraft itself, and further to approve the entry of the registered right of possession on the register for rights of possession over aircraft. 

VII.  Reservation of Ownership 

To the extent that installed or attached spare parts (also called "reserved ownership goods") have not yet become constituent parts of the aircraft itself, then we reserve ownership over such spare parts pending settlement in full of the price for our services and of all claims arising from the ongoing business relationship with the Customer. The reservation of ownership shall not be affected by the appointment of individual claims on an ongoing account, nor by the calculation of the balance; in that eventuality, the reservation of ownership shall relate to the actual balance or to the balance as recognised.  Only when the financial consideration is received on our bank account is payment held to have been made. The reservation of ownership may not be raised afresh in respect of any corresponding articles if – after the Customer has acquired ownership of such articles – any new claims under the business relationship should arise against the Customer.

VIII. Customer's Guarantee Claims in Connection with Deficiencies 

To the extent that the Customer holds statutory guarantee claims in connection with deficiencies:  

1.  Claims in connection with deficiencies shall not arise in the event of only a minor deviation from the agreed condition or in the event of nothing more than a minor effect on usability;  

2.  Should the attempt at rectification be unsuccessful, then the Customer shall be entitled – at its own discretion – to opt for withdrawal or for a reduction in charge. The Customer may opt for compensation in place of fulfilment only after the attempt at rectification has failed, unless the right to attempt to provide rectification is not a mandatory requirement in law.  The attempt at rectification shall be deemed unsuccessful if the corresponding satisfactory condition in the supplied article was not achieved even after two attempts at making good the deficiency being the subject of complaint, or if such attempts were not even undertaken within a reasonable period;  

3.  If the deficiency arises due to our fault, then the Customer may claim compensation only in accordance with the additional requirements of paragraph IX.  

IX. Liability for Compensation 

1.  Our liability for compensation arising from whatsoever legal grounds – with particular reference to incapacitation, delay on debtor's part or breach of contract – shall be restricted as defined by this paragraph IX. 

2.  Where applicable, our liability is – under product liability regulations – unrestricted in the event of wilful failure to disclose any deficiency, in the event of fatality, physical injury or damage to health, in the event of wilful action or to the extent that we gave a guarantee. In a case of gross negligence, our liability is restricted to losses which are typical under contract and which were foreseeable at the start of the Agreement.  

3.  In the event of moderately negligent infringement of any rights or obligations that arise in connection with the content and purpose of the Agreement, our liability is – likewise – restricted to losses which are typical under contract and which were foreseeable at the start of the Agreement. 

4.  Other than in the cases mentioned in paragraph IX., clauses 2 and 3, we are not liable for losses caused as the result of moderate negligence. 

5.  To the extent that liability for compensation is excluded or restricted in relation to ourselves, this shall also be applicable to the direct liability of our employees and departments. 

X. Expiry of Customer's Claims 

1.  The guarantee period in connection with deficiencies is one year. 

2.  The Customer's further claims arising from breaches of contract on our part, with particular reference to the Customer's claims for compensation, expire in one year. By way of deviation from clause 1, the Customer's claims as set out below are subject to statutory periods of expiry: 

a) under product liability regulations and in connection with loss in the form of fatality, physical injury, damage to health or the infringement of substantial rights and obligations under the Agreement,  

b) in connection with a loss which arises due to wilful or grossly negligent breach of contract on our part or on the part of our agents, 

c) due to the deliberate failure to disclose a deficiency. 

XI. Jurisdiction, Place of Fulfilment and Applicable Law 

1.  If the Customer is a businessman, a public corporation or a plc, then Oldenburg shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the Agreement. The same shall apply if the Customer has no general jurisdiction nationally or if – after negotiation of the Agreement – the Customer relocates its place of residence or habitual domicile abroad, or if the Customer's place of residence or habitual domicile is unknown at the time of the bringing of action. This does not affect the international competence of further courts under the Montreal/Warsaw Treaty, where applicable.

2.  The place of fulfilment for all of the parties' obligations under the Agreement shall be the place of our head office.

3.  German law shall apply. 

XII. Concluding provisions 

Should individual provisions of the Agreement be or become ineffective or void, then this shall not affect the validity of the Agreement in any other respects. Rather, the ineffective or void provision shall be replaced by such a provision as equates as closely as legally possible to the financial spirit and purpose of the provision that proved to be ineffective or void. This provision shall apply as appropriate to any loopholes in contract. Should the ineffective or void provision be a General Condition of Business as defined by §305 BGB, then 1 and 2 BGB shall apply in place of §306 above.

Status: February 2015

GTC Spare Parts Sales

I. Scope of Application

1.  All agreements with our customers regarding the supply of spare parts are subject exclusively to our conditions of sale (hereinafter also called "terms of business"). We do not recognise any of the Customer's terms of business which deviate from (or which supplement) our own. Our terms and conditions shall apply even if we provide the commissioned delivery without expressing any reservations, but knowing that the Customer's terms of business deviate from (or supplement) our own.

2.  Our terms of business also apply to all future agreements with the Customer under the existing business relationship.

II. Quotation, Negotiation of Contract and Quotation Documents

1.  Our quotations are open and non-binding, and we may withdraw from them until the Customer has made a written declaration of acceptance of them. 

2.  We may deviate to a reasonable degree from the documents upon which the Agreement is based – such as drawings and indications of weights and measures (jointly called "information") - within the framework of technical progress or as dictated by production imperatives. Information is regarded as a constituent part of the agreed delivery condition only where expressly negotiated between ourselves and the Customer.

3.  If the Customer's order is not based on any quotation from ourselves, then we shall be entitled to accept the Customer's offer of contract as implicit in the order within two weeks of receiving it. Acceptance may be declared either by written confirmation of order or implicitly by virtue of commencement of delivery of the item for supply. In the latter instance, our delivery note shall stand as the confirmation of order.

4.  The Agreement is negotiated subject to reservation of prompt and correct delivery to ourselves from our own suppliers. This applies only in a case where the non-delivery was not our fault, with particular reference to the negotiation of a corresponding covering transaction with our own supplier. We shall inform the Customer of the non-availability of any service, and reimburse any payment that may already have been received in prospect of provision of service.

5.  Brochures, advertising texts etc as produced by ourselves or as issued by the manufacturer, and the information they contain, shall be a constituent part of the agreements we negotiate only if they are expressly included in the Agreement. 

III. Prices and Payment Conditions 

1.  Unless otherwise agreed by ourselves with the Customer, our prices are understood to be net prices ex-works (EXW – INCOTERMS 2010). Any subsidiary charges arising, such as those for carriage and installation, for example, shall be charged separately to the Customer. VAT is not included in our prices; where VAT arises, it shall be itemised in the appropriate amount according to the rate on the date of invoicing. 

2.  Unless agreed otherwise with the Customer, the Customer is under obligation to make payment of invoiced amounts, without any deductions, by the transfer of payment – within 14 days after the date of invoice, and with no charges to ourselves – into one of our accounts. 

3.  Should the manufacturer not accept an used part for exchange (core unit), then we shall be entitled further to charge the Customer for the costs consequently arising.  

4.  Cheques and drafts are accepted only on account of payment. All costs arising upon their presentation shall be chargeable to the Customer. 

5.  The Customer may apply offset only if its counter-claims are established in law or are undisputed. The same shall apply in respect of the Customer's substantiation of rights of retention and of refusal to pay.  

IV. Transfer of Risk and Dispatch 

1.  Unless agreed otherwise between ourselves and the Customer, delivery is agreed to be ex-works (EXW – INCOTERMS 2010).

2.  Risk of accidental loss or accidental deterioration of the delivered item transfers to the Customer upon handover or – in the case of mail order – upon delivery to the shipper, to the carrier or to the party appointed to conduct dispatch. The same shall apply in the case of part-deliveries, irrespective of whether carriage-free delivery was negotiated. If dispatch is delayed at the Customer's request or if the Customer incurs delay in acceptance or in the payment of debts, then risk is already held to transfer to the Customer on the date of readiness for dispatch. The costs arising as the result of delay must be borne by the Customer.

V. Delivery, Delivery Time and Delay in Delivery;
Return of used Parts for Exchange 

1.  Part-deliveries are permissible, provided that this is reasonably acceptable to the Customer.

2.  Our delivery obligation is suspended for the duration of cases of force majeure (circumstances and events which are unforeseen and which are not our fault, and which we could not have avoided even with all the due care and attention of a normal businessperson, such as: industrial disputes within our own or our suppliers' companies, fire, official orders from the authorities or acts of God), plus a reasonable recovery time. The same shall apply even if we have already incurred delay in delivery.  

3.  Should the problem last longer than three months, then the Customer shall be entitled to withdraw from the as yet unfulfilled portion of the Agreement.  

4.  Our liability for delay in delivery shall be determined according to paragraph VIII below. 

5.  The Customer must send us used parts for exchange (core unit) – free of charge to ourselves – no later than within 10 calendar days following negotiation of the Agreement. If the Customer does not adhere to this deadline, with the result that we incur costs, then we shall be entitled to charge the Customer for such costs. 

VI. Reservation of Ownership 

1.  We reserve the right of ownership over the delivered item (also called "reserved-ownership goods") pending settlement in full of the purchase price and of all claims arising from the ongoing business relationship with the Customer. The reservation of ownership shall not be affected by the addition of individual claims to an ongoing account, nor by the balancing of the account; in that eventuality, the reservation of ownership shall relate to the actual balance or to the balance as recognised.  Only when the financial consideration is received on our bank account is payment held to have been made. The reservation of ownership may not be raised afresh in respect of any items for delivery if – after the Customer has acquired ownership of such items -  any new claims under the business relationship should arise against the Customer. 

2.  The Customer must promptly write to notify us of any seizures or other interventions by third parties.  

3.  The Customer shall be entitled to resell reserved-ownership goods in the normal course of business; however, this shall not be the case if it is agreed in the context of the resale that the Customer's claim against the third party expires upon settlement of payment. The Customer hereby makes over to ourselves, as a security, all claims (including all claims remaining, even after termination, on balance, on a current account) to the extent of the total invoice value (including VAT), where such claims accrue to the Customer (against its own customer) from the resale or on any other legal grounds. Assignment shall be independent of whether the reserved-ownership goods are sold unprocessed or after processing. We shall accept the assignment. The Customer remains entitled to collect on these claims even after assignment. This does not affect our entitlement to collect on the claims ourselves. However, we undertake not to collect on the claims provided that the Customer has fulfilled its payment obligations and does not incur arrears of payment. On the other hand, if that is not the case then we may require that the Customer should notify ourselves of the assigned claims and of their debtors, should provide us with all information necessary for collection as described above – with particular reference to the details of the debtor's address – and should furthermore provide us with the corresponding documents and notify the debtors of the assignment. 

4.  The entitlement described in paragraph VI.4 does not extend to the transfer of ownership nor to the pledging (as a security) of reserved-ownership goods without our written approval. Our prior written approval shall be required before the negotiation of financing agreements (leasing, for example) which include the transfer of our rights of ownership, unless the agreement places the financial situation under obligation to pay to ourselves the portion of the purchase price that is due to us. 

5.  The processing, combination or transformation of reserved-ownership goods by the Customer is in all cases held to have been conducted on our behalf without any liabilities attaching to ourselves as the result. If the reserved-ownership goods are combined or processed in conjunction with other items that do not belong to ourselves, then we acquire co-ownership of the resultant product in the relationship between the value of the reserved-ownership goods (final invoice total including VAT) and the other processed items at the time of processing. The item that arises as the result of processing is, furthermore, subject to the same conditions as those applicable to reserved-ownership goods. 

VII. Customer's Guarantee Claims in Connection with Deficiencies 

1.  The Customer's claims and rights in connection with deficiencies (hereinafter also called "claims in connection with deficiencies") presuppose that the Customer has correctly complied with its obligations for examination and complaint under §377 HGB (= Commercial statute book). 

2.  Claims in connection with deficiencies shall not arise in the event of only a minor deviation from the agreed condition or in the event of nothing more than a minor effect on usability;  

3.  To the extent that the delivered item suffers from a defect, we shall have the choice – by way of deviation from §439, paragraph 1 BGB (= German civil code) – in respect of rectification, to choose between rectifying the defect or supplying a new, defect-free product.  

4.  If the deficiency arises due to our fault, then the Customer may claim compensation only in accordance with the additional requirements of paragraph VIII.  

VIII. Liability for Compensation

1.  Our liability for compensation arising from whatsoever legal grounds – with particular reference to incapacitation, delay in delivery or breach of contract – shall be restricted as defined by this paragraph VIII. 

2.  Where applicable, our liability is – under product liability regulations – unrestricted in the event of wilful failure to disclose any deficiency, in the event of fatality, physical injury or damage to health, or in the event of wilful action. In a case of gross negligence, our liability is restricted to losses which are typical under contract and which were foreseeable at the start of the Agreement. 

3.  In the event of moderately negligent infringement of any rights or obligations that arise in connection with the content and purpose of the Agreement, our liability is – likewise – restricted to losses which are typical under contract and which were foreseeable at the start of the Agreement.   

4.  Other than in the cases mentioned in paragraph VIII, clauses 2 and 3, we are not liable for losses caused as the result of moderate negligence. 

5.  To the extent that liability for compensation is excluded or restricted in relation to ourselves, this shall also be applicable to the direct liability of our employees and departments.

IX. Expiry of Customer's Claims 

1.  The guarantee period in connection with deficiencies in the delivered item is one year.  

2.  The Customer's further claims arising from breaches of contract on our part, with particular reference to the Customer's claims for compensation, expire in one year. By way of deviation from clause 1, the Customer's claims as set out below are subject to statutory periods of expiry: 

a) under product liability regulations and in connection with loss in the form of fatality, physical injury, damage to health or the infringement of substantial rights and obligations under the Agreement, 

b) in connection with a loss which arises due to wilful or grossly negligent breach of contract on our part or on the part of our agents,  

c) due to the deliberate failure to disclose a deficiency, 

d) or for the reimbursement of expenditures under §478, paragraph 2 BGB. 

X. Jurisdiction, Place of Fulfilment and Applicable Law 

1.  If the Customer is a businessman, a public corporation or a plc, then Oldenburg shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the Agreement. The same shall apply if the Customer has no general jurisdiction nationally or if – after negotiation of the Agreement – the Customer relocates its place of residence or habitual domicile abroad, or if the Customer's place of residence or habitual domicile is unknown at the time of the bringing of action.  This does not affect the international competence of further courts under the Montreal/Warsaw Treaty, where applicable.

2.  The place of fulfilment for all of the parties' obligations under the Agreement shall be the place of our head office. 

3.  German law shall apply. The application of CISG (= the United Nations Convention on International Sale of Goods) is excluded.

XI. Concluding Provisions 

Should individual provisions of the Agreement be or become ineffective or void, then this shall not affect the validity of the Agreement in any other respects. Rather, the ineffective or void provision shall be replaced by such a provision as equates as closely as legally possible to the financial spirit and purpose of the provision that proved to be ineffective or void. This provision shall apply as appropriate to any loopholes in contract. Should the ineffective or void provision be a General Condition of Business as defined by §305 BGB, then paragraphs 1 and 2 BGB shall apply in place of § 306 above.

Status: February 2015

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.

III. Baggage


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 8.3.1.1.

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.

VI. Payment 

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.

VII. Taxes

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

GTC Charter - for Consumers

General Information, Scope

1. These conditions of carriage are the Conditions of Carriage of Atlas Air Service AG, (“ATLAS”) referred to in the purchase order. They apply to the carriage of consumers (“Contracting Party” or “Passenger”). These terms and conditions do not apply to contracts with natural or legal persons who are not consumers within the meaning of Section 13 of the 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 gross, i.e. including 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.

II. Services, Passengers' Obligations, Behaviour on Board 

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.

III. Baggage

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 8.3.1.1.

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.

VI. Payment

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 four months between the 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 amounts to more than 10% of the flight price, the Contracting Party is entitled to withdraw from this contract.

VII. Taxes

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 € 1,190,00.

b. for cancellations up to 48 hours before departure 50%, minimum €1,785.00.

c. for cancellation up to 24 hours before departure 80%, minimum €2,380,00.

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.


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. Carriage is subject to the liability regime of the Montreal Convention of 28 March 1999, as amended in the European Community by Regulation (EC) no. 889/2002 and implemented by the national laws of the Member States.

2. If fault by the injured party contributed to the damage, the obligation to pay compensation and the extent of the compensation to be paid shall depend on the circumstances, in particular on the extent to which the damage was mainly caused by one part or the other.

3. ATLAS is only liable for damages occurring on its own flight services.

4. ATLAS is not liable for any damages resulting from ATLAS's compliance with government regulations or from Passengers' failure to comply with any obligations arising therefrom.

5. Exclusion and limitations of liability also apply analogously in favour of the vicarious agents of ATLAS.

6. Except as expressly provided otherwise, nothing in these Conditions of Carriage shall be construed as a waiver of any exclusion or limitation of liability under the Convention or applicable law applicable to ATLAS.

7. 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.

8. ATLAS is only liable for damages caused by ATLAS itself or its vicarious agents. No liability is assumed for further damages.

9. 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.

10. ATLAS is liable for the destruction, loss or damage of luggage up to an amount of 1,131 SDR (approx. 1,213 EUR). In the case of checked baggage, there is liability regardless of fault, unless the baggage was already damaged previously. In case of unchecked baggage, ATLAS is only liable for culpable conduct.

11. In the event of damage, loss or destruction of baggage, the Contracting Party must file a complaint with the airline immediately in writing or in text form. In the event of damage to checked baggage, the Contracting Party must file a complaint in writing or in text form within seven days, in the event of delayed baggage within 21 days, after it has been made available to him.

12. ATLAS is not liable for damage caused by items in the luggage, unless ATLAS has caused it grossly negligent or intentionally. If these items cause damage to the baggage of another Passenger or to property of ATLAS, the Contracting Party shall compensate ATLAS for all damages and expenses resulting therefrom.

13. If Passengers accept checked baggage without reservation, it shall be presumed, unless proof to the contrary is furnished, that it has been delivered in good condition and in accordance with the contract of carriage. In the case of damage to luggage, any legal action shall be excluded if the person entitled does not file a complaint to ATLAS immediately after discovery of the damage or, in the case of international journeys, no later than seven days after acceptance of the luggage; the same shall apply to damage caused by the delayed delivery of luggage, provided that this complaint is to be made immediately and, in all cases, at the latest 21 days after delivery of the luggage. The damage must be reported in text form.

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.). However, ATLAS and the Contracting Party are both informed that, as a rule, the party invoking receipt and content of a specific declaration of intent must prove the same has been received by the other Contracting Party. This proof can be difficult with different forms (e.g. email). Changes of address must be notified immediately to the other Contracting Party.

2. All claims arising from the contract shall be governed by the law of the Federal Republic of Germany as well as all mandatory provisions insofar as these take precedence over German law.

Last change: March 2020