General terms and conditions of business – Elite Handling Service

General terms and conditions of business

1. Scope

These general terms and conditions of business apply to all charters entered into with Elite Handling Service GmbH. They can be modified or replaced by individual provisions.

Consumers, in terms of business relations, are natural persons with whom business relations are taken up and to whom commercial or independent professional activity cannot be attributed.

Business persons, in terms of these terms and conditions, are natural or legal entities or partnerships with a legal character, with whom business relations are taken up and who carry out a commercial or self-employed activity.

The chartering party, in terms of these terms and conditions, are both consumers and business entities.

General terms and conditions of the chartering party that differ, conflict or supplement, even if known about, do not form part of this charter, unless their validity is expressly agreed to in writing.

2. Booking enquiries

For booking enquiries and bookings for flights, limousines and other services, communication takes place by telephone, fax and the Internet. Enquiries can be submitted verbally and in writing, although written confirmation is also required.

Reserved flights and vehicles, and also those reserved by Elite Handling Service GmbH, will be provided to the customer on time on the day of departure and arrival. Elite Handling Service is entitled to otherwise allocate reserved flights and vehicles in the event of delay or non-appearance on the day of arrival, unless a later arrival time has been expressly agreed to.

3. Charter

3.1 For charter enquiries, the charterer (customer of Elite Handling Service GmbH) commissions and authorises Elite Handling Service GmbH to choose an appropriate, independently operating airline on its behalf.

3.2 By signing the order confirmation for this charter, the charterer declares (regardless of whether it receives a copy of the charter contract) that Elite Handling Service GmbH enters into a charter contract with this airline on behalf of the charterer for the provision of aircraft with crew. Elite Handling Service GmbH shall provide written confirmation of the charter booking as quickly as feasibly possible.

3.3 The charterer confirms that it is bound by the charter contract and declares that it will fulfil all obligations undertaken (including obligations from consensual amendments to the charter contract) by entering into the charter contract.

3.4 Elite Handling Service GmbH is not responsible if the named airline, with regard to the flight, violates any obligations of the charter contract that Elite Handling Service GmbH has concluded with it on behalf of the charterer.

3.5 Elite Handling Service GmbH concludes the charter contract on behalf of the charterer. Furthermore, the charterer authorises Elite Handling Service GmbH to negotiate the amendments to the charter contract that Elite Handling Service GmbH considers appropriate and to enter into this charter contract.

3.6 IMPORTANT NOTE: the charterer confirms that Elite Handling Service GmbH does not have to negotiate or reach terms on its behalf with regard to the charter contract, if this would signify a change in the standard and general conditions of the airline for conducting charter flights.

3.7 The charterer declares its agreement with the transport being carried out by the designated airline and that the exclusive responsibility for maintaining the aircraft and conducting the flight lies with this party. The charterer knows and agrees that the flight crew are employed representatives and agents of the designated airline, and only accept instructions from this party. The charterer also knows that Elite Handling Service GmbH does not have any authority or legal capacity to issue the crew instructions. Any agreements that differ from this require the written consent of the designated airline.

3.8 Should the aircraft be unavailable or not operational at any time prior to the STD, Elite Handling Service GmbH will seek to find a replacement aircraft in an appropriate manner.

3.9 If the designated airline becomes insolvent at any time prior to the STD and the flights are cancelled as a result, Elite Handling Service GmbH will endeavour, at its own discretion, to find a suitable aircraft at a reasonable cost within a reasonable amount of time.

3.10 As for the flight and its operation, contractual relations exist solely between the charterer and the designated airline, but not with Elite Handling Service GmbH. Accordingly, the charter contracts concluded on behalf of the charterer are subject to the conditions and liability restrictions applied by the airline in the charter contract.

3.11 In matters concerning the provision of the flight and the fulfilment of the charter contract, the charterer can only take legal action against the airline, but not against Elite Handling Service GmbH. If, for any reason (inc. bankruptcy or financial collapse that impacts the airline), the airline is not in a position to provide the services the charterer has agreed with it, action can only be taken against the designated airline.

3.12 Elite Handling Service GmbH undertakes to fulfil its obligations under this contract with all reasonable care.

3.13 The charterer ensures that all passengers, their baggage and any cargo meet the following requirements:

  • All the relevant laws and regulations of the Federal Republic of Germany and/or any other country of departure, transit or arrival.
  • All the requirements of the designated airline, including all laws and regulations of the country applicable to operating the aircraft provided by the designated airline.

3.14 The charterer is responsible for fulfilling its obligations both under the charter contract and this contract along with all its supplements. This also applies in cases where the charterer needs to ensure the fulfilment of the obligations by third-parties.

3.15 Insofar as Elite Handling Service GmbH fulfils its obligations under this contract, the charterer shall indemnify Elite Handling Service GmbH against all damages and liabilities that may arise for Elite Handling Service GmbH as a result of its activities as a representative of the charterer and within the framework of its authority to represent in conjunction with this contract.

3.16 The charterer shall complete all the travel documents in the form requested by the designated airline or Elite Handling Service GmbH as soon as possible prior to the STD. The charterer is responsible for ensuring that properly completed travel documents belonging to all passengers and carriers are made available in accordance with the relevant provisions so that all passengers and carriers are able to comply with the provisions of these travel documents.

3.17 The charterer acknowledges that the captain makes all decisions at his own absolute discretion when they concern the operation of the aircraft, in the interests of ensuring the safety of the aircraft, the passengers, the crew and the cargo. The charterer agrees that all decisions made by the captain assume binding character for Elite Handling Service GmbH, the charterer, any eventual sub-charterers and other parties and passengers. The charterer is responsible when its passengers fail to comply with these decisions and arrangements. Elite Handling Service GmbH undertakes liability to the charterer with regard to the decisions made by the aircraft captain and their consequent implications, including possible adverse effects on the obligations of Elite Handling Service GmbH under this contract.

3.18 The charterer shall ensure that the passengers and their luggage and any cargo is located at the designated handling point in the departure airport at the check-in time at the latest, and that all passengers are in possession of all the necessary travel documents and passports/identity cards, visas or other documents required by the departure authorities, transit and arrival countries for the flight or flights pertaining to themselves, their baggage and any cargo.

3.19 If the flight departs later or needs to depart later than the STD as result of an infringement of Sec. 3.18 of these terms and conditions, or any other act or omission on the part of the charterer, a sub-charterer or a passenger, Elite Handling Service GmbH is entitled to cancel this contract, the designated airline for the charter contract or the affected flight for this contract or the charter contract, and a cancellation fee shall apply in accordance with Sec. 7 of these terms and conditions.

3.20 If, as per the aircraft captain’s discretion, a flight needs to be diverted, interrupted or cancelled in order to remove a passenger whose conduct or mental or physical state proves to be an inconvenience or harassment to the other passengers or for the passenger himself, or constitutes a danger or risk to the other passengers or their property, the charterer shall compensate Elite Handling Service GmbH for any damage arising therefrom.

4. Charter price and price changes

4.1 All contractors are bound by the published prices and those prices laid down in company agreements, as well as the prices for flights, limousines and other services respectively. These are published in advance.

4.2 The costs of the charter for the flight, fuel, oil, maintenance, landing, hangar, parking, ground handling and the cost of the crew are included in the charter rate. This also includes the fee agreed in this contract for services rendered by Elite Handling Service GmbH. Whether and what extra costs are included result from this contract.

4.3 All other costs, such as, but not limited to, license fees, clearance fees, service fees, fees for objection waivers, luggage inspection fees, security fees, airline insurance premium increases, customs, airport and passenger taxes; connections to and from airports, accommodation on the ground and cabin service, shall be borne exclusively by the charterer if not otherwise agreed in writing in this contract. The charterer shall indemnify Elite Handling Service GmbH or the airline against these costs. Insofar as these have already been paid, it shall reimburse them at the first request.

4.4 Without any additional request being made, the charterer shall pay Elite Handling Service GmbH (or the designated airline directly, but only when expressly instructed to do so in writing by Elite Handling Service GmbH) the charter price and any other charges and amounts which are due and payable under the charter contract.

4.5 The charterer also pays Elite Handling Service GmbH for all extra costs which have been agreed between it and Elite Handling Service GmbH, or which are required as a consequence of the instructions or lack of instructions given by the charterer, inaccuracy of information or documents that the charterer or a passenger has provided to Elite Handling Service GmbH, or for any other reason that lies within the sphere of responsibility of the charterer.

4.6 Elite Handling Service GmbH is only responsible for the custody of funds or other assets belonging to the charterer to the extent that they are deposited in a bank account belonging to Elite Handling Service GmbH. Once these have been transferred to the designated airline, Elite Handling Service GmbH assumes no responsibility or liability for their custody or intended use by the designated airline.

5. Terms of payment

Unless other arrangements for payment have been made, invoices are due immediately upon receipt. If Elite Handling Service GmbH sends the invoice to the customer by fax or e-mail, this also counts as the invoice having being received. Elite Handling Service GmbH is exempted from accepting and choosing credit cards in all instances, even if signage at the office or on the Internet indicates that credit cards are generally accepted. In all other cases, cheques, credit cards and other means of payment are only accepted for payment and not as payment. The customer shall pay for all flights and other services in advance. If payment has not been received prior to departure, Elite Handling Service GmbH reserves the right to cancel the flight without the customer having a right to compensation.

6. Prepayments

Elite Handling Service GmbH offers customers the option of making a deposit into a sub-account belonging to Elite Handling Service GmbH. In agreement with the customer, invoices for booked services are debited from this deposit. The customer is entitled to ask for the return of the deposit repayment at any time without giving reason, minus any outstanding invoice payments owed to Elite Handling Service GmbH. The customer is not entitled to claim interest payments, etc. when making a deposit.

7. Cancellations, cancellation fees

7.1 The charterer may cancel this contract at any time prior to departure by sending written notification to Elite Handling Service GmbH. Cancellation in favour of another broker or for the purpose of directly booking an airline, however, is prohibited. In the event of cancellation or termination, the charterer is obliged to pay the cancellation fees listed in this contract. The charterer is entitled to prove the termination caused no or significantly less damages than indicated in the cancellation fee. Elite Handling Service GmbH is entitled to offset funds obtained from the charterer against these cancellation fees. The charterer agrees to pay in full any other additional amounts owed by the charterer to Elite Handling Service GmbH, or the airline, at the request of Elite Handling Service GmbH.

7.2 The date of receipt of the written notice by Elite Handling Service GmbH applies as the cancellation/termination date for calculation purposes. If notification is not received on a working day - Saturdays do not count as working days - the next working day counts as the date when the notification was received. If cancellation takes place by fax or e-mail, Elite Handling Service GmbH must receive the notification no later than at 16:00 hrs local time. If received later, the next business working day counts as the date received.

7.3 In cases where the customer cancels bookings, or fails to use the services offered by Elite Handling Service GmbH, the contractual services the customer has ordered and booked but not used, that are offered by the airline or the service provider (particularly for the provision of aircraft and vehicles plus staff and/or other services, such as catering) shall be charged to the customer by Elite Handling Service GmbH at the flat rates detailed below:
a) Cancellations between 30 and 3 days (inclusive in each case) prior to the respective services being rendered: flat rate of 50.00 Euros plus the VAT applicable in each case.
b) Cancellation 48 hours prior to the respective services being rendered or the non-use of the respective services: 50% of the cost of the ordered/reserved services.
c) Cancellation less than 24 hours prior to the respective services being rendered, or the non-use of the respective services: 100% of the cost of the ordered/reserved services.

If the airlines and other service providers do not apply any cancellation fees, Elite Handling Service GmbH will not charge the customer for any costs either, besides the flat rate for expenses of 50.00 Euros plus the VAT applicable.

7.4 Elite Handling Service GmbH can terminate this contract immediately upon written notice if:

  • • The charterer breaches this contract and this breach cannot be resolved, or, if it can be resolved, but not within a reasonable amount of time set by Elite Handling Service GmbH; or
  • • The charterer fails to fulfil its obligations under this contract or a substantial part thereof, or the charterer suspends or terminates the charter contract or threatens to do so; or
  • • The charterer damages or might damage the reputation or business standing of Elite Handling Service GmbH; or,
  • • If, after proper assessment by Elite Handling Service GmbH, the licenses and regulatory approvals required for conducting the flight cannot be obtained in a timely manner or, if obtained, probably cannot continue to be upheld; or,
  • • The charterer, or a partner of the charterer, ceases to make payments or threatens the same; or,
  • • After concluding this contract, it is recognised that the charterer or its partners will not be able to meet their liabilities and fail to provide the guarantee that is requested as a result; or,
  • • The charterer commences negotiations with its creditors or a group of creditors with regard to rescheduling its debt, proposes or enters into a legal settlement with its creditors, unless this is only done for the purpose of merging or restructuring the charterer with continuing solvency; or
  • • Judicial insolvency or administrative proceedings are commended according to the law of the charterer's home country, whereby the charterer's assets and business operations are subjected to the control or supervision of a court or persons appointed by a court, or due to law, or for the purpose of reorganising or liquidating the charterer or rescheduling, suspending or repaying its debts; or
  • • A request is made at court, or an arrangement for the appointment of an administrator has been made, or reference is made to the intended appointment, or an administrator is appointed over the charterer's assets of, or parts thereof; or
  • • Someone is authorised to appoint an asset manager over the charterer's financial capital or any parts of this capital, or an administrator is appointed over all of the assets, business or capital; or
  • • Proceedings as described above are rejected for lack of assets or become ceased; or
  • • Enforcement of a title against the charterer pursued by a creditor does not, or does not fully cover the amount owed; or,
  • • For or in connection with the liquidation of the charterer - for another purpose other than the merger with one or several other companies, or the restructuring of the charterer in the event of continued solvency - an application was made, a notice published, a decision made or an order issued; or
  • • A creditor, secured by a floating charge, for the assets or part of the assets of the business, or assets of the charterer, has been given the right to appoint a receiver or has appointed one; or
  • • Someone has been given the right to appoint an administrative receiver for all or part of the charterer's assets, or a receiver has been appointed for all or part of the company assets or the charterer's capital; or
  • • Bankruptcy has been filed for against a partner of the charterer (private entity) or a decision to open insolvency proceedings is made; or
  • • A creditor or mortgagee pledges or takes possession of the charterer's assets in full or in part, or a foreclosure, garnishment, seizure or a similar order in respect of all or part of the charterer's assets is issued or carried out and said order or procedure has not been performed within 14 days retroactively; or
  • • An event has taken place concerning the charterer, its assets or parts of the same according to the law of the competent state, or a process is initiated, which is equivalent in nature and effect to the cases and situations outlined above.

7.5 If Elite Handling Service GmbH terminates this contract within the framework of the conditions under Sec. 7, the charterer shall pay Elite Handling Service GmbH the cancellation fees pursuant to this contract and/or the charter contract. If Elite Handling Service GmbH cancels several flights for one or more routes or part routes, the charterer shall pay Elite Handling Service GmbH the prorated cancellation fees.

8. Liability

8.1 Elite Handling Service GmbH is only liable to the extent of the liability limits and legal liability under law, but not for delays or other damages suffered by customers in connection with flights and/or limousine rides. Liability for any other reason is excluded, except in cases where damage was caused intentionally or through the gross negligence of Elite Handling Service GmbH and/or its legal representatives or agents.

8.2 Appeals for non-contractual performance expire if no claim is made within a month of the contract being terminated. The expiry period is delayed if the customer is prevented from meeting the deadline by force majeure or through no fault of his own.

8.3 On making an assured reservation and payment, the customer agrees to accept the terms and conditions of Elite Handling Service GmbH, and the airlines rendering the service, as well as other service providers provided on request.

9. Force majeure

Elite Handling Service GmbH shall not be liable for default or other non- or poor performance of this contract, if this is caused by an event outside the sphere of influence of Elite Handling Service GmbH, such as, but not limited to: force majeure, explosions, revolutions, acts of terrorism, kidnappings, riots, unrest, war, national or local emergencies, administrative acts, lockouts, strikes, labour disputes, fire, lightning, flood, embargo, quarantine, seizure of an aircraft or cargo, actions or omissions by third-parties, aircraft lacking operational readiness for a flight, or a flight not being conducted due to unforeseen circumstances such as chain reactions in the financial markets, crises, weather conditions, electronic billboards, aviation requirements, aircraft accidents or accidents involving aircraft parts or official actions. Elite Handling Service GmbH shall inform the charterer as soon as it aware of an event that may lead to the delay in departure according to the STD.

10. Duty to cooperate

If any disruptions to services occur, the customer is obliged to make every reasonable effort to remedy the disruption and keep damage to a minimum.

The customer is obliged to inform Elite Handling Service GmbH immediately. In this case, Elite Handling Service GmbH will ensure a remedy, insofar as feasible. Any culpable failure by the customer to not report a defect does not result in a claim for mitigation.

11. Limitation of liability

11.1 This contract is not a carriage charter. Elite Handling Service GmbH is not a carriage company and does not trade as such within the framework of its obligations under this contract. Nor is the activity of Elite Handling Service GmbH to be regarded as one of carrier with regard to the carriage performed on behalf of the charterer by the designated airline. Neither the acceptance nor the fulfilment of the obligations of Elite Handling Service GmbH under this contract make it possible to impose the responsibility or the obligations of a carrier on Elite Handling Service GmbH.

11.2 If, nevertheless, Elite Handling Service GmbH can be viewed as a transport company for any reason under or in connection with this contract, then the standards of the Montreal Convention - or the Warsaw Convention in any jurisdiction where the Montreal Convention is not valid - apply to international transport, this being something that the charterer expressly confirms in this case.

11.3 Elite Handling Service GmbH neither functions as an obligator nor licensed transport company in relation to providing air services by entering into this contract. Nor is Elite Handling Service GmbH a representative of the designated airline.

11.4 If Elite Handling Service GmbH is made liable for damages, liability for compensation only applies to slight negligence, if life, body or health or fundamental contractual obligations have been violated. In this respect, Elite Handling Service GmbH is also liable for intentional or negligent breach by its legal representatives or vicarious agents. In all other cases, liability for negligence is excluded.

11.5 Except in cases of intent or gross negligence, no liability exists for providing inaccurate information, implied warranties and agreements and other legal and contractual liabilities of any type. With the exception of the intentional or grossly negligent breach of liability, this disclaimer also applies to damages caused by employees, agents, contractors and other service providers engaged by Elite Handling Service GmbH that can be attributed to Elite Handling Service GmbH for any reason whatsoever.

11.6 Except for cases of intentional or grossly negligent breach of duty, liability is limited to 75 % of the charter price or, in the case of rendering of ancillary services, up to a maximum of 75 % of the service fee.

11.7 Elite Handling Service GmbH assumes no liability of any kind, whether in contract, tort or otherwise, for any acts, omissions or negligence, whether negligent or otherwise, of third-party service providers over which Elite Handling Service GmbH has no direct control. This includes the airline, handling agents, caterers and land transport (without limitation).

11.8 Vis-à-vis the charterer, Elite Handling Service GmbH accepts no liability for damages, costs, expenses or other claims for compensation owing to:

  • • Erroneous information made available to Elite Handling Service GmbH, or the airline, by the charterer or a passenger; or
  • • Information or instructions given to Elite Handling Service GmbH that are incomplete, incorrect, inaccurate, vague, in the wrong order or in the wrong form, or
  • • Due to delayed or non-arrival or any other failure on the part of the charterer or passenger.

11.9 Elite Handling Service GmbH provides no warranty, guarantee or similar in relation to the quality, financial capacity or solvency, fitness for purpose or other suitability of the airline or third-party service providers.

11.10 Vis-à-vis the charterer, Elite Handling Service GmbH accepts no liability or is deemed not to be in default with regard to this contract owing to delayed fulfilment or non-fulfilment of the obligations of Elite Handling Service GmbH under this contract, if this is attributable to a reason or reasons over which Elite Handling Service GmbH has no influence.

11.11 The charterer agrees to indemnify Elite Handling Service GmbH and its officers, employees and representatives against all damages, costs, demands and expenses including legal fees, that are due to:

  • • A breach of this contract by the charterer; or
  • • An act or omission by the charterer, a passenger or the officers, employees or representatives of the charterer; or
  • • A claim, suit or proceedings by any third-party against Elite Handling Service GmbH, caused or contributed to by the charterer, a passenger or the officers, employees or representatives of the charterer.

11.12 Except to the extent expressly provided for in this contract, Elite Handling Service GmbH assumes no liability or obligation to the charterer, its agents and representatives, or towards passengers, for any damages, whether due to a breach of this contract or arising from negligence or otherwise.

11.13 Except in cases of deliberate fraud, Elite Handling Service GmbH accepts no liability for signed statements or briefing notes made by employees, agents or people who otherwise stand in connection with this contract, that are not written down in this contract or otherwise taken down in writing and signed by the employee of Elite Handling Service GmbH responsible for this.

11.14 All other warranties or conditions of a legal or other nature (without limitation including their quality and fitness for purpose) are hereby excluded insofar as this is permitted.

12. Waiver

The non-execution or delayed use of appeal, law, power of attorney or privilege under this contract by one of the parties shall not constitute a waiver thereof.

13. Limousine transfer

The service included in the WORLD ELITE Gold for free limousine transfer only applies to metropolitan areas in Germany (e.g. Munich, Berlin, Hamburg, Cologne, Friedrichshafen, etc.), but not to more sparsely populated areas (e.g. Ingolstadt, Straubing, Bautzen, etc.). The limousine service for more sparely populated areas can be booked at an extra cost, however. In addition, the service only includes a one-way transfer from the airport to the city centre (max. distance: 50k m) with a Mercedes S Class or equivalent. Only holders of a WORLD ELITE Gold membership are entitled to this free transfer. It is up to the customer to allocate the remaining seats in the car to other passengers.

14. Changes, delays, diversions

14.1 Elite Handling Service GmbH assumes no responsibility for confirmations relating to departures and arrivals, unless they are the direct result of violations to this contract by Elite Handling Service GmbH. In addition, Elite Handling Service GmbH shall not be held liable if an error is based on factors that are beyond the control of Elite Handling Service GmbH, such as (but not limited to) problems with air traffic control, delays or shortages in staff, bad weather or factors that affected the aircraft during a previous flight. After the aircraft has departed, all STAs are only scheduled times.

14.2 If, for any reason, the aircraft has to be diverted from the destination airport referred to in this contract, the flight or the flight concerned is considered completed when the plane lands at the airport to which it is diverted. Elite Handling Service GmbH is not responsible for the diversions or the impact of these diversions on the charterer or the passengers.

14.3 If Elite Handling Service GmbH transfers the passengers to their intended destination using alternative means of transport at the request of the passenger charterer, then Elite Handling Service GmbH acts in the position of representative for the charterer with respect to these services, and under no circumstances shall be made liable for any damages caused by these arrangements or transports. If necessary, the charterer reimburses Elite Handling Service GmbH for the damages. All transport costs are borne by the charterer.

14.4 The charterer is required to notify Elite Handling Service GmbH immediately in writing insofar as it deems it necessary to terminate this contract or the charter contract or modify it completely or partially. Fees for the cancellation/change are then due that increase the closer the change or cancellation is to the day of the planned departure. The fees can amount to as much as 100%. The cancellation fees to be applied result from the relevant list in this contract.

14.5 The question concerning the extent to which and under what conditions the charter price needs to be paid in full or only partially owing to a cancellation is regulated in this contract. Elite Handling Service GmbH shall not be liable for providing a refund, since the charter contract exists between the airline and the charterer. However, Elite Handling Service GmbH shall support the charterer in a suitable manner when contacting the airline concerning the consequences of a change or cancellation to a flight or termination of the charter contract.

15. Sub-contracts and assignment

15.1 Within the scope of its obligations under Section 3 of these terms and conditions, Elite Handling Service GmbH is entitled to select a licensed carrier as a carrier, which, in turn, provides the aircraft and crew and conducts the flight and renders any other additional services. Elite Handling Service GmbH is entitled to swap the airline named in this contract for another licensed airline of comparable standard at any time. With the exception of cases where the charter type "Sole Use" is referred to in this contract, the charterer is allowed to award sub-charter charters for the aircraft. It nevertheless remains equally responsible for fulfilling its obligations under this contract and for all acts and omissions for which a sub-charterer is responsible as it would be for its own actions or omissions.

15.2 Elite Handling Service GmbH is entitled to transfer its rights and obligations under this contract to a subsidiary or affiliate or commission them as a subcontractor. Insofar as the requirements of Sec. 354a German Commercial Code (HGB) do not apply, the charterer cannot assign its rights under this contract without the prior written consent of Elite Handling Service GmbH (which cannot be refused without good reason).

15.3 As a contractor under this contract with regard to providing air services, Elite Handling Service GmbH does not act in its own name, neither as an airline nor a representative of the airline. The charter contract is concluded in the name of the charterer and possibly also on behalf of the charterer in its capacity as representative of the sub-charterer (if any) and all passengers and owners of the cargo. The charterer agrees that the liability of Elite Handling Service GmbH to these persons with respect to the charterer does not extend beyond that stated in Sec. 11 of these terms and conditions.

16. Terms regarding personal property brought onto aircraft, motor vehicles and hotels

The customer is liable for objects or other personal property he forgets in cars, planes or hotels. If the customer notices that he has lost his personal property, he should report it immediately to Elite Handling Service GmbH, who can then check the aircraft, vehicle or hotel. The permanent safe-keeping of property does not take place. Elite Handling Service GmbH accepts no liability for damages caused by third-parties.

17. Miscellaneous terms

a) The customer is obliged to inform Elite Handling Service GmbH immediately of the loss of items brought onto the aircraft, vehicle or hotel, or at the latest by the end of the trip.
b) The customer is liable for all damages he causes wilfully to aircraft, vehicles or hotel rooms during the agreed period of use.
c) The headings used in these terms and conditions are for convenience only and have no material significance, especially with regard to the concluding provision.
d) The law of the Federal Republic of Germany shall apply to these conditions at all times and the entire legal relationship between Elite Handling Service GmbH and the customer.
e) Jurisdiction is the headquarters of Elite Handling Service GmbH.

Last updated: 11/10/2017