Preamble

FPJ Exclusive GmbH (hereinafter referred to as “FPJ”) acts as an intermediary of a passenger charter contract (hereinafter referred to as the “Contract”) between the Charterer (client of the flight event) and the Charterer (the airline operating the aircraft). The Charterer instructs FPJ to select with care a suitable aircraft and to mediate the conclusion of the Contract with the relevant airline and/or the Charterer.

1. Contractual Obligations of FPJ

1.1. Within the scope of the brokerage of the contract, FPJ shall take care of the following: The Charterer shall provide the aircraft intended for the performance of the air transportation to the Charterer ready for operation, i.e. properly equipped, fueled and with the required crew in accordance with the contractual agreements. The service contractually owed by FPJ is limited to the brokerage service. The transport is carried out by the charter company. If the charter company is not at the same time the airline operating the aircraft, the transport shall be owed not only by the charter company but also by the operating air carrier (the airline).

1.2. FPJ does not have its own obligation to provide transportation. If the aircraft specified in the contract is not operational at the contractual time of the flight or if it loses its operational capability during the contract period without this being able to be restored within a reasonable period of time for the Charterer, FPJ shall endeavor, within the scope of actual possibilities, to provide an alternative replacement aircraft of comparable type.

1.3. The flight times stated in the flight schedule are for planning purposes, but cannot be guaranteed. FPJ will use its best efforts to comply with the flight times.

2. Contractual obligations of the Charterer

2.1. The Charterer shall be responsible for the correctness and completeness of all travel and transport documents, as well as the contractually designated information. FPJ shall be indemnified by the Charterer for all damages resulting from incorrect or incomplete information. In such cases, the Charterer shall be liable.

2.2. The Charterer shall ensure that all passengers to be transported and the associated baggage are suitable for air transport. Furthermore, he shall ensure that all entry and exit as well as import and export regulations of the country of departure, transit and arrival are observed. FPJ has no duty of inspection in this regard. If passengers or baggage are not suitable for air transport, the Airline may refuse to transport them or their baggage.

2.3. The captain of the aircraft has full authority on board. His instructions must be followed.

2.4. In the case of ambulance flights, the charterer and the passenger must present appropriate proof from a doctor. If the transportability of the sick person is not confirmed in this way, he cannot be transported.

2.5. The Charterer is obliged to inform all passengers about the risks of the flight and the limited liability of both the airline and FPJ before the start of the respective flight. If persons or goods are not fully fit for flight, their transportation shall be solely at the expense and risk of the Charterer. The conditions of carriage of the charter company must be observed. The charterer undertakes to do so. Upon request, FPJ can provide them.

2.6. It is important and the duty of the Charterer that all passengers and their luggage arrive in time before the check-in time at the designated check-in point of the airport where the departure takes place. All flight times mentioned in the flight schedule are local times, i.e. the local time in the respective time zone. In case of any doubt, the Charterer shall reassure FPJ. Charterer and travelers have to inform themselves independently about the local time differences.

2.7. The Charterer undertakes and assures that any person directly or indirectly connected with the provision of services to FPJ under this Contract shall comply with all laws of the country as well as any other applicable anti-corruption laws and in particular also with the UK Bribery Act and shall immediately inform FPJ of any improper offer or solicitation of any financial or other benefit or gratuity in connection with the performance of this Contract.

3. Charter price

3.1. Payments are in principle irrevocable and to be made in advance to FPJ. The time at which the payment is received shall determine the timeliness of the payment. Unless otherwise agreed, invoices are due and payable immediately.

3.2. The charter price agreed in the contract includes exclusively the charter costs for the performance of the air transportation of the persons named under “Passenger Data” in the above contract and their baggage under the conditions specified in the same point. The charter price includes the flight safety fees and passenger taxes valid at the time of the conclusion of the contract.

3.3. The following fees are not included in the charter price: Fees imposed by respective competent authorities, taxes, charges and costs for special measures for passenger and/or baggage/cargo handling. Costs for de-icing measures on the aircraft at the point of departure or at each technical landing on the flight route – including positioning / deposition flights. Other costs additionally incurred on the occasion of the execution of the flight, such as night handling, parking fees, positioning flights to park, war risk insurance or similar. If such costs are charged to FPJ or the Charterer, FPJ shall charge the Charterer with these costs.

3.4. The fuel price valid at the time of the conclusion of the contract is the basis of the charter price. Should the fuel price increase between the time of the conclusion of the contract and the actual execution of the flight and the Charter party charges this to FPJ, FPJ reserves the right to adjust the charter price.

3.5. For domestic flights, the charter price is to be paid plus the applicable value added tax.

4. Liability of FPJ

4.1. The attention of the Charterer is drawn to the fact that the carriage is subject to the Montreal Convention or Warsaw Convention if the final destination of the flight or an intermediate point is in a country other than the country of departure, which limits the liability of the Carrier. FPJ may be required to provide an extract of the Montreal Convention or Warsaw Convention at any time.

4.2. FPJ shall not be liable to the Charterer in the course of arranging the Contract. Therefore, FPJ is not liable for destruction, damage, loss or delay of baggage in the course of air transportation. Likewise, FPJ is not liable in the event of injury to life, limb or health during transportation. FPJ is also not liable for damage caused by delay.

4.3. In the event that FPJ is nevertheless held liable in the manner of a carrier, the parties hereby expressly agree to apply the Montreal Convention or the Warsaw Convention. The decisive factor shall be which of these conventions applies to the respective transport route. Should none of these agreements be applicable, the application of the rules of the Montreal Convention is hereby agreed.

4.4. Should damage occur as a result of errors in the provision of the aircraft or the brokerage service, liability on the part of FPJ for property damage and financial loss is excluded. Exceptions to this are damages caused by gross negligence or intent on the part of FPJ and / or one of its vicarious agents.

4.5. Damages that are not based on a negligent or intentional breach of duty by FPJ or its employees are only compensable if there is a responsibility for FPJ according to Art. 17 Para. 1, Art. 21 Montreal Convention. In this case, FPJ’s liability is limited to an amount corresponding to 113,100 Special Drawing Rights. In case of application of the Warsaw Convention, there must be a liability according to Art. 17, 22 Warsaw Convention. In this case, liability shall be governed by the scope set forth therein.

4.6. In cases where FPJ’s liability is excluded, but FPJ is entitled to claim damages from the Charterer, FPJ will assign them to the Charterer.

4.7. If, for health reasons, the passengers are unable to or not suitable for air transport without special precautions,

FPJ shall not be liable for any damage resulting therefrom. The same applies to the damage resulting from the peculiarity of the transported luggage or from any other defect inherent to the luggage, in particular due to improper packaging, sealing or labeling.

4.8. Except in the case of intent and gross negligence, FPJ’s liability is excluded if air carriage is denied by the operating Carrier because the Carrier, after due examination, determines that the regulations applicable in its opinion do not permit air carriage or that health impairments will occur to the passengers and necessary accompanying persons or damage will occur to the baggage. All limitations of liability included in this contract shall also apply in favor of the operating air carrier and / or charter company.

4.9. FPJ shall not be liable for any damages arising out of the executing Carrier’s compliance with governmental regulations.

4.10. FPJ shall not be liable to the passengers and the Charterer for personal injury or bodily harm, for damage to or loss of baggage, cancellation of flights, delays or any other damage incurred by the Charterer or third parties as a result of force majeure. Without being limited thereto, this includes bad weather, unforeseeable technical malfunctions of the aircraft, arrest, judicial seizure, strikes or other events unforeseeable by FPJ. Further considered as force majeure are in particular:

• Civil war, war, civil unrest or warlike events and those resulting from hostile use of tools of war as a consequence of any of these hazards, regardless of the state of war;
• Acts of political or terrorist violence, regardless of the number of persons involved. This includes any acts by persons or groups of persons to achieve religious, ethnic, ideological, political, or similar objectives which are calculated to spread fear and terror among segments of the population and thereby influence a government or governmental institutions or any part thereof;
• Dangers of nuclear energy or other ionizing radiation;
• Seizure, confiscation, or other interference by sovereign authority;
• Dangers arising from the use, by whomsoever, of chemical, biological, biochemical substances or electromagnetic waves as weapons of public danger, regardless of other contributing causes.

4.11. All flight times cannot be guaranteed and are subject to possible changes. FPJ shall not be liable for any costs of any kind incurred by the Charterer or third parties as a result of delays, deviations from the flight schedule or detour of a flight. Transportation costs incurred as a result of this, as well as any other additional expenses, shall be reimbursed by the Charterer, who shall be liable for any losses and damages incurred in such cases.

5. Termination and withdrawal of the parties from the contract

5.1. The contract is subject to the necessary take-off, landing and overflight rights being granted. If these are not granted in time for the execution of the flight or not granted at all, FPJ has the right to withdraw from the contract in whole or in part. FPJ shall immediately inform the Charterer in the event that the necessary traffic rights are not granted. The same applies to the declaration of a partial or complete withdrawal from the contract.

5.2. In the event of withdrawal, FPJ shall refund the full charter price (if already paid) to the Charterer. If the withdrawal occurs only after the provision of a partial service, only the amount corresponding to the part of the partial service not performed shall be refunded to the Charterer.

5.3. Both contracting parties shall also be entitled to withdraw from the contract until the beginning of the air transportation. If the aircraft is positioned for departure, the positioning is the beginning of the air carriage. Withdrawal by FPJ is only possible for good cause or reasons for which FPJ is not responsible in the course of the arrangement. In this case, the Charterer shall be refunded the full charter price. If the Charterer withdraws from the contract, FPJ is entitled to retain the entire charter price minus what FPJ has saved in expenses and costs at a flat rate depending on the time of withdrawal as follows:

• in case of withdrawal by the Charterer after signing the contract until 42 days before the agreed air transportation, FPJ is entitled to demand 30% of the charter price from the Charterer;
• in case of withdrawal by the Charterer from 41 days to 14 days before the agreed air transportation, FPJ is entitled to demand 55% of the charter price from the Charterer;
• in case of cancellation by the Charterer from 13 days to 72 hours before the agreed air transportation, FPJ is entitled to demand 85% of the charter price from the Charterer;
• in case of cancellation by the Charterer less than 72 hours before the agreed air carriage or if the air carriage cannot be performed for reasons for which the Charterer or a person from his sphere of risk is responsible, FPJ is entitled to demand the entire charter price from the Charterer;

5.4. Different cancellation agreements may have been made. These must be entered on page 2 of this contract (in the remarks field) in order to be effective.

5.5. In the event of disruptions or rescheduling for which the Charterer, his vicarious agent or one of the passengers is responsible, FPJ reserves the right to cancel the existing contract with immediate effect, provided that FPJ or the Charterer cannot reasonably be expected to adhere to the contract. This is to be assumed especially if the execution of other orders is endangered as a result of a disruption or delay that has occurred.

5.6. Furthermore, FPJ reserves the right to charge a demurrage fee in the amount of € 3,000 for every 60 minutes or part thereof after the scheduled take-off time in the event of disruptions or delays on the part of the Charterer, his vicarious agents or one of the passengers.

5.7. The claim to the agreed remuneration shall remain in force in these cases, unless the flight does not take place for reasons for which FPJ or the charter company are responsible. Without such a

or guaranteed, FPJ will make every effort in consultation with the

FPJ will endeavor to arrange an alternative date in consultation with the charter company and the charterer. In this case, FPJ reserves the right to increase the agreed charter price depending on the additional costs incurred. If the customer does not agree with these additional costs, he can also withdraw from the contract instead.

5.8. Should the provision of services become impossible for FPJ for reasons for which FPJ is not specifically responsible – including force majeure – FPJ shall be released from its obligation to perform. In the event of a delay in the possibility to provide the service for such reasons for which FPJ is not responsible, the service obligations shall be extended accordingly. In case of not only insignificant delays, FPJ is entitled to terminate the contract with immediate effect. In this case, the Charterer must reimburse any services already rendered as well as any costs and fees incurred. If the aircraft has already been made available for takeover by the charter company at the intended place of departure, the charter company shall remain obligated to render the agreed counter-performance. In case of a cancellation by the charterer, the scales of the lump-sum compensation agreed for the case of cancellation shall apply accordingly.

6. Miscellaneous

6.1. Supplements, amendments or termination of this Agreement shall be effective only if made in text form (e-mail shall suffice). The provisions of these agreements replace all previous oral or written agreements. They shall have priority over any other contractual conditions of the Charterer, which are hereby contradicted

6.2. The invalidity of individual provisions of this agreement shall not prevent the validity of the remaining provisions. If necessary, the contracting parties shall endeavor to find a substitute regulation corresponding to the sense of this agreement, which is oriented to the respective regulations of the Montreal Convention. This shall also apply to gaps or clauses requiring interpretation.

6.3. If the customer is a merchant, the place of jurisdiction shall be Nuremberg – Fürth. The competent court shall be the Regional Court, irrespective of the amount in dispute. It is agreed that German law shall apply. If the Charterer is a consumer and is subject to foreign law, more favorable consumer protection provisions of his law shall remain unaffected.

Status January 2021.

7. Data protection

7.1. The Charterer undertakes to inform all passengers about the following data protection regulations before the start of the air transport.

7.2. FPJ Exclusive GmbH, Flughafenstraße 118, 90411 Nuremberg, Tel.: +49171/9160105, E-Mail: datenschutz@flyprivatejet.de collects and processes personal data.

7.3. FPJ collects personal data for the purpose of the execution of the contract and the fulfillment of contractual and pre-contractual obligations. The provision of personal data of the traveling passengers is necessary for the execution of the contract (Art. 6 para. 1b DSGVO). Without the provision of the data to FPJ, the contract cannot be carried out.

7.4. For the purpose of fulfilling the contract, the personal data may be disclosed to third parties. Recipients of the personal data are subcontractors, representatives or agents acting on behalf of FPJ in relation to the promotion of the offered service, as well as suppliers and the executing carrier, if necessary for the provision of the services. Once collected, personal data will be stored only as long as necessary to achieve the purpose or as long as there are corresponding retention obligations and as long as there are no legal requirements to the contrary.

7.5. If personal data are processed, data subjects shall have the right to obtain information about the data relating to their (Article 15 of the GDPR). If inaccurate personal data are processed, the data subjects have a right to rectification (Art. 16 GDPR). If the legal requirements are met, data subjects may data subjects may request erasure or restriction of processing, as well as object to processing (Art. 17, 18 and 21 GDPR). If data processing has been consented to or if a contract for data

processing exists and data processing is carried out with the aid of automated procedures, data subjects may have a right to data portability (Art. 20 GDPR). Furthermore, there is a right of appeal to a supervisory authority (Art. 77 GDPR).

7.6. Further information on how FPJ processes personal data can be found at https://flyprivatejet.de/datenschutzerklaerung/ in the FPJ Privacy Policy. Furthermore, it is possible to contact us via: datenschutz@flyprivatejet.de.