Last update: September 2020
1. General Terms and Conditions of Business
The following General Terms and Conditions of Business of OysterJets GmbH (OYSTERJETS) are an integral part of each agreement with OYSTERJETS, applicable in their current version at the time of conclusion of the corresponding agreement. Differing or contradicting agreements shall not be recognized by OYSTERJETS unless they are expressly approved by OYSTERJETS in writing.
These Terms and Conditions apply to consumers, legal businesses and business organizations, unless a distinction is made in the corresponding clause.
1.1. A Charter Agreement shall come into existence upon reconfirmation (acceptance) of the booking confirmation received from OYSTERJETS by the Charterer in good time and writing.
1.2. Following receipt of an inquiry from a charter customer, OYSTERJETS shall verify the availability of aircraft and crew. If aircraft and crew are available, OYSTERJETS shall submit a non-binding proposal in writing. The proposal shall specify the key details of the corresponding flight (flight times, aircraft type, destination and costs). If the Charterer confirms the information in the proposal – in writing or by phone – and wishes to place a booking, OYSTERJETS shall send a booking confirmation to be signed and returned by the Charterer within the defined time limit. Once the Charterer has signed and returned the booking confirmation within the defined time limit (the date upon which OYSTERJETS receives the confirmation shall apply), a binding Charter Agreement shall come into existence.
1.3. Until OYSTERJETS has provided the Charterer with booking information, the offered service shall remain subject to the availability of the aircraft and crew, and conditional upon the technical feasibility of the flight, and the granting of transportation laws, take-off and landing slots and other forms of flight clearance by authorities etc.
1.4. OYSTERJETS at any time has the right to cancel the flight i.e. to terminate the charter contract.
2. Air transportation services
2.1. The Charter Agreement entitles the Charterer to an air transportation service in accordance with the relevant air transport legislation. The Charterer shall remain the sole contractual partner.
2.2. In case a Charter Agreement is concluded, OYSTERJETS shall be obliged to provide the flight requested with a properly equipped and fueled aircraft with crew, from the agreed point of departure to the agreed destination at the agreed time. OYSTERJETS shall be entitled at any time to replace the aircraft with another aircraft suitable for the flight, which is based on a Charter Agreement concluded between OYSTERJETS and the Charterer.
2.3. The Charter Agreement shall include transportation of passenger's baggage unless otherwise agreed. The number and weight of bags that can be carried depends of the destination, the number of passengers, the aircraft booked and expected weather conditions. The pilot is entitled to reduce the maximum baggage allowance per passenger for safety reasons, on case by case basis. This does not entitle the Charterer to cancel or terminate the Charter Agreement.
2.4. The Charter Agreement shall include transportation of cargo unless otherwise agreed. The number, dimensions and weight of cargo that can be carried depends of the destination, duration of the flight and expected weather conditions. The pilot is finally entitled to reduce the maximum cargo allowance for safety reasons, on case by case basis. This does not entitle the Charterer to cancel or terminate the Charter Agreement.
2.5. Should OYSTERJETS be forced to make an unscheduled stop due the unforeseeable events, such as poor weather conditions, OYSTERJETS shall be entitled to demand that the Charterer reimburse any additional cost.
2.6. OYSTERJETS may cancel or delay a flight without being liable to pay any cancellation fee or compensation whatsoever in the event that the regarding flight cannot be performed or completed due any cause beyond the control of OYSTERJETS, including – but not limited to – strikes, lock out, civil commotion, war or warlike operations or imminence thereof, riots, civil war, blockade, embargo, act or omissions of governmental authorities including all civil authorities, Force Majeure, fire, flood, fog, frost, ice, storms, epidemics, pandemics, quarantine, hijacking, requisition of aircraft by public authorities, breakdown or accident to aircraft, or if the safety of passengers is deemed by the aircraft commander or OYSTERJETS operational supervisors to be in jeopardy. In case of such constellations OYSTERJETS shall be under no obligation or liability towards the Charterer beyond refund of the agreed charter price for such cancelled flight.
2.7. Costs for de-icing, or for sheltering the aircraft in a hangar to avoid de-icing, are not included in the price of the flight. OYSTERJETS is entitled to charge for these expenses separately upon presentation of documentary proof.
3.1. OYSTERJETS is entitled, at any time, to substitute the aircraft with one or several aircraft suitable for the chartered journey. OYSTERJETS is also entitled to outsource (subcharter) the chartered flight or other obligations specified in the Charter Agreement, in part or in whole, to another airline or charter company. OYSTERJETS will notify the Charterer of any such changes as soon as possible before departure.
3.2. A change in the aircraft or the company does not entitle the Charterer to withdraw from the Charter Agreement, unless the aircraft provided differs from the booked aircraft in type or condition to an unacceptable extent.
3.3. In case, that OYSTERJETS is acting as a broker and such flight is performed by a third-party operator (subcharter), OYSTERJETS shall not be liable for any damage/harm/disadvantage caused by the performance or non-performance of such third-party operator.
3.4. In case of subcharter, the General Terms and Conditions of Business of the subcharter company are used.
Transport of dangerous goos and other objects
4.1. Objects or animals that may endanger the aircraft or people on board may not be transported. All passengers are obliged to read the list of objects prohibited from hand baggage or hold luggage before they board the plane. Should a passenger carry dangerous goods on board, either on their person or in their baggage, in particular, without limitation, weapons or objects that may be used as weapons, the passenger must show these the pilot before boarding.
4.2. The pilot shall come to a decision on whether and how to transport such weapons or objects and is entitled to cancel the flight if it is feared that individuals or the aircraft may be endangered. No such objects shall be allowed on board.
4.3. The pilot is entitled to cancel the flight at any time, if the behavior of any passenger poses a threat to the safety and rights of other passengers (4.2.). In such instance, OYSTERJETS entitlement to payment for the price of the flight remains valid and unaffected, and the Charterer shall pay any additional costs arising from the corresponding action taken.
5. Passenger and Cargo Entry documents
5.1. OYSTERJETS takes absolutely no responsibility regarding visa requirements of passengers.
5.2. The Charterer is responsible for ensuring that passengers have all travel documents required for entry into and exit from a country, including, without limitation, passports, visas, documentary proof of vaccination etc.
5.3. The Charterer shall be obliged to provide OYSTERJETS with a Passenger list containing all relevant information required for legal travel later than 12 hours prior departure.
5.4. Should there be any fees due the lack of required entry documents of passengers or cargo, the Charterer will be billed with such costs.
6. Charter Price and Payment Conditions
6.1. Payment agreements are specified in the booking confirmation. The Charter Price shall be the amount payable to OYSTERJETS by Charterer for services supplied under these terms. The Charter Price shall apply to any agreed flight from the point of departure to the destination.
6.2. Unless otherwise agreed, payments are due immediately and in full following receipt of the invoice, but at least the Charterer shall make payment within three days after signing the Charter Agreement, but at least five days before departure to the following bank account:
IBAN (EUR): AT07 2011 1842 9892 1500 BIC (EUR): GIBAATWWXXX
Should payment be delayed, OYSTERJETS shall be entitled to an interest rate of 10% pa of the Charter Price. The price of the flight may not be netted against other claims. In case of late or incomplete payments, OYSTERJETS reserves the right to cancel the booking at the expense of the Charterer and deny boarding.
6.3. OYSTERJETS will not start with its preparatory operation regarding the Charter Agreement, until the above-mentioned Charter Price has been fully received and the Charter Agreement has been duly signed by OYSTERJETS and the Charterer.
6.4. The following cancelation fees shall become payable with immediate effect should Charterer cancel the Charter Agreement for any reason. The Charterer shall advise OYSTERJETS in writing of his cancellation of the Charter Agreement.
In this event, the following cancellation fees will be charged:
Until 10 days prior departure: 10 % of the Charter Price, at least € 1.000,00
Until 9 to 7 days prior departure: 20 % of the flight price
Until 6 to 3 days prior departure: 40 % of the flight price
Until 3 to 1 days prior departure: 60 % of the flight price
24 hours prior departure: 80 % of the flight price
flight service already commenced: 100 % of the flight price
These deadlines are based on the time at which OYSTERJETS receives notification of the withdrawal.
Should a third-party charter flight be cancelled by OYSTERJETS, the cancellation fees of the third- party charter company shall apply and be charged in full. OYSTERJETS expressly reserves the right to bring claims for further damages.
6.5. The Charter Price shall apply to any agreed flight from the point of departure to the destination and shall include only:
In particular, the Charter Price does not include:
The costs, charges and fees included in the Charter Price are continuously subject to alteration, and OYSTERJETS shall therefore be entitled to take such alterations into account, and to increase the Charter Price to the extent necessary to accommodate these changes.
7. Termination and Cancellation
OYSTERJETS shall have the right to terminate the Charter Agreement with immediate effect for pressing reasons without any infringement of its rights, in particular:
OYSTERJETS shall not be liable for any damage/harm/disadvantage caused as a result of such cancellation.
8. Special Services
Special services provided and/or made available by OYSTERJETS, for example VIP treatment, special catering service, on board telecommunication via satellite phone etc., shall be charged separately to the Charterer.
8.1. Special Services, charges not included in the charter price (6.5.) and any kind of other additional expenses will be further charged separately at supplier's rate plus graduated disbursement fee:
9. Penalty (charge)
9.1. If passengers do not show up or cargo isn ́t delivered at the departure airport 30 minutes after planned departure time, OYSTERJETS has the right a) either to depart without passengers or cargo b) or charge waiting time unless OYSTERJETS was informed about the delay in due time (40 min. prior departure) and accepted it.
9.2. An aircraft-specific common catering principally is included in the charter price. Should the Charterer order additional or other catering options not covered by OYSTERJETS catering budget, OYSTERJETS, the respective surcharges shall apply. Charges for catering are not subject to consumption and will apply regardless.
10. Data Protection
10.1. To comply with the regulations of the GDPR (General Data Protection Regulation), OYSTERJETS requires allowance to forward such data to all necessary partners, subcontractors, suppliers, etc. who may be located inside and outside the European Union.
10.2. Should Charterer book OYSTERJETS services on behalf of another person or entity, OYSTERJETS assumes that such person or entity has obtained permission from all passengers to forward personal data to OYSTERJETS.
10.3. Charterer acknowledges that he has been informed about the use of all data provided to OYSTERJETS and that Charterer is aware that this personal data will be passed on to third parties inside and outside Europe to fulfill the contract.
11.1. OYSTERJETS is not liable for the death, injury or health impairments of a passenger on board a OYSTERJETS aircraft or upon boarding or leaving the aircraft (personal injuries), for the cancellation or delay of flights, and for the loss of or damages to baggage or cargo, in accordance with the legal provisions defined in clause 12. Applicable legislation, legal venue.
11.2. OYSTERJETS shall be liable for delay, damage, destruction and/or loss of luggage or cargo only if caused willfully or by gross negligence, and then only to the maximum limits specified in the applicable regulations. OYSTERJETS shall not be liable for the loss of and/or damage to or the delay of fragile or perishable goods, or those unsuitable for air transport and not permitted to be carried by air, as well as valuables such as jewelry, money, shares, precious metals, documents and/or electronic equipment, contained in a Passengers luggage without the knowledge of OYSTERJETS.
11.3. Irrespective of legal provisions, the liability of OYSTERJETS, its representatives, agents and employees shall be limited to the maximum amounts defined by law. Upon request, OYSTERJETS shall inform the Charterer of the key details of the contract, in particular maximum cover.
11.4. OYSTERJETS shall not be liable for any damage/harm/disadvantage caused by the performance or non-performance of its’ vicarious agents, of third-party operators and any other involved vicarious agents.
12. Applicable legislation, legal venue
12.1. The performance of the charter service is subject to the laws of the Republic of Austria, in particular, without limitation, as well as the provisions of the Montreal Convention, the Warsaw Convention and Regulation 2027/97 of the council of the European Union, and the General Terms and Conditions of Business of OYSTERJETS.
12.2. Compensation and/or assistance in the event of denial of boarding or cancellation or major delay of flights shall be provided to passengers pursuant to Regulation (EC) 261/2004 Abl. No. L 46 of the Council of the European Union.
12.3. In the event of any dispute resulting from or in connection with this Charter Agreement, the changes and additional agreements, the court of Vienna, Austria shall have exclusive jurisdiction.
12.4. The assignment and transfer of rights and obligations arising from the Charter Agreement by the Charterer require the expressed written authorization of OYSTERJETS.
12.5. Should one or several provisions in these General Terms and Conditions of Business be or become invalid, this shall not affect the validity of the remaining provisions. In such insurance, the invalid provision shall be replaced by a valid provision of which the meaning and intended economic effect come as close as possible to those of the original provision.
Vienna/Austria, September 2020