GENERAL BUSINESS TERMS AND CONDITION:

Scope
 
1.

These terms and conditions of transport shall apply for each transport of passengers carried out by ARMS as the Service provider including all associated services, which are carried out for the air fares agreed in connection with these terms and conditions of transport. The terms and conditions of transport shall also apply for transport, free of charge, insofar as nothing else can be derived from these terms and conditions of transport.

2.

In the event that passengers or baggage are transported based on an agreement reached between ARMS and a charter company, and then the transport is also subject to these terms and conditions of transport. The charter company, that accepts a transport following a quotation from ARMS, will be subject to these terms and conditions of transport and undertakes to inform the passengers named by him for transport about the terms and conditions of transport, in particular of restrictions in liability. He acknowledges the terms and conditions of transport including the restriction in liability upon conclusion of the contract of transport.

3.

Copies of the terms and conditions are posted in the business premises of ARMS and are available for inspection in the aircraft of ARMS.

 
Air Ambulance / Air Taxi Transport agreements
 
1.

The offers of ARMS are all without commitment. The transport agreement is entered into for a certain route through the offer and confirmation of price.

2.

When booking a flight or a charter flight the passenger or Insurance / Assistance Company must state the desired route, flying time, number and names of the passengers, scope of baggage and freight, flight data and possible special requests.

3.

Insofar as between ARMS and the passenger or the Insurance / Assistance Company no agreements to the contrary are made, the prices contained in the current actual price list of ARMS will apply for the transport of passengers, baggage and freight.

4.

Following the reservation of the passenger or Insurance / Assistance Company the transport agreement will only be deemed as having been concluded after written order confirmation by ARMS.

5.

The contractual parties may also agree to settle the price according to the flying hour price plus landing and check-in fees contained in the current actual price list of ARMS according to the times actually flown and the destinations flown to. In this case, the transport agreement is entered into by stipulating the agreed route with reference to the settlement according to the flying hour price.

6.

ARMS is to be informed by the passenger and or Insurance / Assistance Company of any requested changes to the booked route no less than 24 hours before the planned departure. In this case, the additional costs caused due to the revocation of the original route will be charged to the passenger or the Insurance / Assistance Company. ARMS will fix the new price in accordance with the prices applicable for the new route according to the price list. Should there be an essential (more than 10%) reduction in the transport price compared with the original air fare due to the reduction in the route, then ARMS is entitled to assert compensation for the missed part.

7.

ARMS shall not be responsible for interferences to the service, which impair and/or render impossible the performance of the transport agreement, if these are due to events, upon which ARMS has no influence. This shall, in particular, include adverse weather conditions, over-capacities of airspace or airports, natural phenomena, force majeure, strikes, riots, civil unrest, embargos, war, animosities and upsurge. In each case it does not matter whether the occurrence is directly imminent or has already happened, a claim, stipulation, an incident or a predicament can be derived indirectly or directly from the occurrence or indirectly and also whether the occurrence could have been foreseen, expected or forecast and finally whether regulations, claims and stipulations of a government or other power occur or are due to a lack of employees, operating materials, facilities or other difficulties with work of other persons or companies, which are not vicarious agents of ARMS. ARMS shall not assume liability for this insofar as the passenger or the Insurance / Assistance Company suffers damages in these cases. Insofar as due to such an occurrence diversions or other additional services, and other changes to the transport services of ARMS are necessary, then these are to be charged to the passenger or charter company separately and to be remunerated to ARMS.

8.

In the event that the type of aircraft envisaged in the charter agreement not be available for technical reasons, then ARMS is entitled to use another aircraft. ARMS will make every effort to use an aircraft which shall as far as possible be similar in regards to equipment and size to the aircraft originally agreed. 

9.

Should it be necessary due to weather or other unforeseeable events to fly to another destination airport than the one agreed ARMS shall assume no costs for the further to the agreed destination. The same shall apply for the return flights to the airport of departure. ARMS undertakes immediately should it be known already before the outward flight to the destination airport that it will be necessary to fly to another airport than the airport requested.

Transport restrictions
1.

ARMS is entitled to refuse the transport of each and any passenger, to rescind the transport agreement or to exclude him from further transport at a stopover, if ARMS decides according to their best judgement that 

a.

the measure is necessary for reasons of security,

b. the measure is necessary to avoid the violation of any decisive laws, regulations or decrees of a state or country, from which is flown, or flown to or flown over,
c. the behaviour, the condition, the age or the mental and physical state of the passenger is such that he
1. requires special support.
2. causes unpleasantness and pesters other passengers
3. represents any dangers for himself or for other persons or their property,
d. the passenger does not follow the proper instructions of the ARMS employees,
2.

ARMS reckons with a maximum of 20kg baggage for each registered passenger. Should the weight of the baggage carried for each passenger be higher, then ARMS is to be notified of this in advance in writing. If the volume of baggage is exceeded without prior notification ARMS is entitled to refuse to transport the excess baggage owing to a possible risk of overcapacity of the aircraft.

3.

The Insurance / Assistance Company is responsible for ensuring that each of its passengers is in the position to undertake the booked flight due to his age or mental or physical condition without damage to his body and spirit. The passenger himself carries the exclusive risk for injuries, illnesses, physical disabilities ensuing from this including death.

Observance of administrative formalities
1.

The passenger undertakes to conform to all laws, regulations, decrees, requirements and travel regulations of the countries, which are flown over or flown to or from which are flown from. Furthermore, the passenger has to conform to all rules, regulations and instructions of the ARMS personnel.

2.

The passenger must present the entry exit papers and other documents which are laid down by the laws, regulations, decrees, requirements or stipulations of the applicable countries. ARMS is entitled to refuse the transport of each passenger, who has not complied with the decisive laws, regulations, decrees, requirements or stipulations and whose documents are incomplete. ARMS shall not assume liability for the passenger for losses or costs, which may be incurred for the passenger not complying with these provisions. The passenger undertakes to pay the applicable airfare according to the decisive laws and provisions if ARMS has to take the passenger to his starting point or another location by order of his government because the passenger is not permitted entry to a country (transit country and country of destination). The passenger shall be liable for all damages incurred, in particular penalties, fines and expenses, which ARMS has to pay or deposit, because the passenger does not comply with the laws or regulations applicable to entry and exit, regulations, documents or travel provisions of the country concerned, or did not have the necessary documents available by way of these provisions. The passenger undertakes to reimburse all cash amounts which ARMS has to pay or deposit.

3. The passenger undertakes upon request to tolerate customs inspections carried out, i.e. to allow the inspection of his baggage and his hand luggage by customs officers or other government officers and to be present at the inspection.ction.
4. The passenger shall be liable for those damages incurred by not observing the afore-mentioned provisions.
Terms of payment
1.

Invoices from ARMS are due and payable net, without deduction, in advance after receipt .The payment should be made before 24hrs of the flight take off.

2.

ARMS is entitled to refuse to transport passengers, baggage and freight if the passenger and/or charter company has not paid the agreed transport charges or other surcharges, fees or taxes to be paid by the passenger and/or Insurance company before commencement of the journey or transport.

3.

A payment shall only then be deemed as having been paid, if ARMS may dispose of the amount to be paid. In the case of Cheque or bills of exchange the payment shall be deemed as having been made when the cheque or bill of exchange is cashed. ARMS reserves the express right to refuse cheques or bills of exchange. The acceptance is always in payment. Discount and bill charges will be paid by the passenger / charter company and are due and payable immediately.

4.

Should the passenger / Insurance Company be in default of payment, then ARMS shall be entitled to charge interest to the amount of 1% per month beginning at the regarding point of time.

5.

ARMS shall be entitled, despite provisions of the passenger / Insurance Company to the contrary to initially set off payments against their older debts. The passenger / Insurance company furthermore gives their consent that all payments, which they pay, will as chosen by ARMS first be set off against interest and other incidental charges and then against the transport charges.

6.

Should the passenger / Insurance / Assistance Company not fulfil their payment obligations, in particularly not cash a cheque or stop his payments or should ARMS become aware of other circumstances, which question the creditworthiness of the passenger / Insurance Assistance company, ARMS shall be entitled to make the total residual debt as due and payable, even if ARMS has accepted cheques of bills of exchange. In this case ARMS shall be entitled to demand advance payments or securities and to make the execution of current or future transport services dependent on this. 

7.

The passenger / Insurance / assistance company is only entitled to set off, retention or reduction, even if complaints and counter claims are asserted, if ARMS has approved this in writing, or if the counter claims have been determined uncontested or legally valid.

Claims for compensation
1.

Insofar as ARMS is entitled to claim for compensation, due to non-performance of the contract, the cancellation fees will be calculated as follows:

a.

in the case of termination of the contract following a written confirmation by ARMS a flat rate of 20% of the order total; 

b.

in the case of termination less than 72 hours before the planned departure flat rate 30% of the order total;

c.

in the case of termination less than 48 hours before the planned departure flat rate 40% of the order total; 

d.

in the case of termination less than 24 hours before the planned departure flat rate 50% of the order total. 

In the amount of the cancellation fees it has already been taken into account, that no direct air operation costs are incurred.

The customer and/or passenger are still entitled to prove that no or just less damages have been incurred. 

2.

The liability of the air freight carrier for compensation due to non-performance is limited to the single transport price agreed in an individual case for the part of transport not performed, unless ARMS is guilty of wilful intent or gross negligence.

3.

In the event that claims towards ARMS ensuing from the transport agreement are asserted in court then these claims are to be asserted in court within a preclusive period of two years.