Terms & Conditions

Your use and access of this website indicates you accept these Terms and Conditions.

1. General

  1. These General Terms and Conditions for Charter and any additional terms set out in any relevant quotation and/or confirmation (collectively hereinafter the “Terms”) form the contractual basis for the provision of Flight Services arranged by MS Aviation GmbH (“MS Aviation”).
  2. The Terms are applicable for commercial transport of Passengers and/or any permitted goods from an agreed point of departure to an agreed point of destination as more particularly detailed in the quotation and/or confirmation (“Flight Services”).
  3. The contract may‐be concluded with (i) Agents only or (ii) with Passenger directly however in any case Agents and Passengers (“Client”) are jointly bound by these Terms. It is the responsibility of the Client to ensure that each Passenger abides by the Terms.

2. Conclusion of Contract

  1. The quotation issued by MS Aviation constitutes a non‐binding offer. Only the issuance of a Confirmation by MS Aviation constitutes a binding offer which requires acceptance within the acceptance period. If such acceptance period is lapsed, MS Aviation shall not be bound by its Confirmation.
  2. The return of the Confirmation duly signed by an Officer of Client constitutes a binding contract of carriage between Client and MS Aviation.

3. Performance of Flight Services

  1. MS Aviation shall not act as a common carrier or any other type of carrier in respect of any of its obligations under the relevant agreement with such third party and MS Aviation acts solely as agent for Client and operator. Therefore, MS Aviation subcontracts its contractual obligations in part or in whole to a third party or to third parties including any actual carrier subject to clause 12. In such cases, the terms of business of third party operators shall apply to Client, which are hereby incorporated by reference and a copy shall be furnished to Client upon request.
  2. The Flight Services will be performed pursuant to and in accordance with the actual Terms as applicable at the date of Flight Services and the operating procedures approved by the competent authority of the contractual or the actual carrier as the case may‐
  3. MS Aviation and/or the actual operator expressively reserve the right to utilize on its own account any lay‐over period or empty capacity the aircraft may have, including any empty legs related to the Flight Services, before, during or after the period in which the aircraft is available to Client.
  4. Flight Services are planned with a set of one (1) crew (Pilot in Command, Copilot) subject to crew duty time and rest period restrictions by applicable duty limitation regulations.
  5. Cabin Service by one (1) Cabin Hostess is included for all flights on Heavy Jets. Additional Cabin Hostess may be supplied upon request and subject to additional charge at the sole discretion of MS Aviation.

4. Included and Excluded Costs

  1. The Price does include aircraft costs including crew, fuel, maintenance, air navigation, airport and handling charges, standard use of a General Aviation Terminal or similar facilities at destinations by passengers (e.g. FBOs, VIP Halls, VIP areas), inflight MS Aviation standard catering (depending on flight time and time of day), Passenger and baggage insurance as provided by the actual carrier.
  2. The following costs are not included and shall be charged separately to Client at cost:
    1.             - De- or Anti-Icings;

                  ‐ Insurance surcharges;

                  ‐ SATCOM services;

                  ‐ Special catering requests such as but not limited to caviar and special wines or spirits;

                  - VIP lounges or meeting rooms for exclusive use at the destinations

                  ‐ special handling, helicopter and/or limousine services;

                  ‐ any other concierge services rendered by MS Aviation upon request by Client;

      ‐ additional or enlarged crew or Cabin Hostess as result of a request by the Client and/or any  Passenger. In such event, Client acknowledges and agrees that if the actual carrier has to use an enlarged or second crew, this may necessitate crew being in the cabin during the flight.

    2. Costs for schedule changes and re-routings upon Client’s request, costs generated by passenger delays, costs for flight diversions and the extension of airport operating hours are excluded and shall be charged to Client.
      •  

      • MS Aviation offers are net and do not include any commission, unless requested by Client.
      • Taxes if applicable will be posted separately on the quotation/invoice.

      5. Payment

      1. All payments due to MS Aviation shall be made upon receipt of invoice and no later than one (1) business day prior flight date (the “Due Date”), without setoff or deduction. Time for payment shall be of the essence, if the Due Date is not a business day (bank holiday, Saturday or Sunday) the due and payable amount shall be received and credited to MS Aviation account on the last preceding business day. Payments are to be made at costs of the sender in Euro currency to the bank account stated below:
        1.  

          Beneficiary MS Aviation GmbH

          Bank: Raiffeisen Regionalbank Mödling, Am Kirchanger 3A, 2353 Guntramsdorf

          BIC: RLNWATWWGTD

          IBAN: AT35 3225 0000 0101 8449

                     

        2. Late payments shall be subject to interest at 10% of the outstanding sum per annum from the date due until MS Aviation receipt and MS Aviation shall not be in breach of contract if it suspends Flight Services or additional services until receipt of funds.
        3. Incoming payments shall first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the interest and finally against the principal debt.
        4. If the payment has still not been made after issuance of a reminder and the setting of a deadline for payment, MS Aviation shall be entitled to withdraw from the contract and cancel the booking, subject to cancellation charges as set out in Section 12. MS Aviation may refuse to set a payment deadline if the imminence of the departure date makes it unfeasible to stipulate a period for payment prior to departure. In such event, MS Aviation may withdraw from the contract and refuse performance of Flight Services subject to cancellation charges as set out in Section 12.
        5. Major credit cards will be accepted for payment subject to any surcharges that may apply and a handling charge of 5%. If a credit card institute or a bank refuses to honor the payment required under the contract, MS Aviation shall levy Client with an administration charge of EUR 500, in addition to any charges made by the credit card institute or the bank.
        6. Client and Passenger shall be jointly and severally liable for the payment of the Flight Services and any additional costs set out in the quotation and/or Terms as well the cost of any damages or losses caused as a result of the conduct of the Client and/or any Passenger.

        6. Flight Changes and Delays

        1. MS Aviation and/or the actual carrier shall endeavor to the best of their ability to ensure punctual carriage of passengers and baggage. However, the announced flight times are subject to reasonable changes owing to operational and technical circumstances beyond MS Aviation and/or the actual operator’s control.
        2. The Client is responsible to ensure that passengers arrive adequately in advance of the scheduled departure time. MS Aviation and/or the actual operator’s ability to satisfy any variation in the Flight Services shall always be subject to crew duty times and rest periods and the availability of additional crew.
        3. Client may request a departure delay of up to a maximum of 60 minutes beyond any confirmed departure time. MS Aviation and/or the actual operator shall agree to such delay if it is compatible with crew duty time restrictions, applicable aviation regulations and air traffic control requirements. If Client delays a flight in excess of 60 minutes beyond the confirmed departure time for any reason that is not the fault of MS Aviation and/or the actual operator, the Flight Services shall be deemed to be cancelled by Client.

        7. Substitution or Subcharter

        1. Flight Services are aircraft type specific. MS Aviation reserves the right to provide the Client at MS Aviation sole discretion with an equivalent or superior aircraft type from any operator at no additional cost to Client (Substitution Aircraft). Substitution or Subcharter may occur en‐route during the Flight Services.
        2. In the event that an equivalent or superior Substitution Aircraft is not available for the Flight Services, MS Aviation shall advise Client without delay and provide a revised quotation with revised pricing to reflect the provision for an inferior Substitution Aircraft. In the event Client does not agree to the provision of an inferior Substitution Aircraft, Client shall be entitled to terminate Flight Services at the point of substitution subject to informing MS Aviation promptly of such cancellation and MS Aviation shall refund the amount paid on a pro‐rata basis less costs for positioning the aircraft back to point of departure for the remaining part of the trip affected by the substitution event. Should Client fail to advise MS Aviation of such cancellation promptly after being informed of such planned substitution by MS Aviation (which shall be reasonably dictated by the circumstances) then MS Aviation shall be entitled to deduct all pre-positioning costs from any applicable refund.
        3. Where due to a substitution event a Substitution or Subcharter Aircraft is supplied, Client’s liability shall always be to pay the costs and sums set out in the quotation plus excess costs if any for the Subcharter Aircraft.

        8. Compliance with entry and exit requirements; required documents

        1. Passengers are responsible for obtaining, and presenting at check‐in/immigration, the necessary travel documents, visas and doctor's certificates, certificates of vaccination and the like which are required – for themselves, or for children or animals travelling with them –  under the passport, visa and health regulations of the countries in question. In particular, MS Aviation would like to draw Passengers’ attention to visa requirements for foreign nationals.
        2. The contracted carrier is obliged by law to refuse carriage if the entry and exit requirements for the country of departure or destination are not met, or if the required documentation / certification is not presented.
        3. MS Aviation and/or the actual operator take no responsibility with the regard to entry or exit requirements of Passengers. Any costs or disadvantages arising from the failure to observe these requirements shall be incurred jointly and severally by the agent and by the Passenger such as but not limited to fines and cost of repatriation.

        9. Safety and Security

        1. MS Aviation and/or the actual operator are entitled to change the route, flight schedule, seating capacity and maximum take‐off weight if these are required under certain operational circumstances not caused by MS Aviation and/or the actual operator.
        2. Captain’s Decision: The pilot in command shall at all times be entitled to take all necessary measures for safety reasons. The pilot has the authority to decide with regard to Passenger's seating as well as baggage loading, allocation/placement and unloading. The pilot decides whether or not and how the flight is operated. The same applies if the behavior or the physical or mental condition of a Passenger requires extraordinary assistance on behalf of the actual operator’s crew. Passenger hereby accepts all such decisions. Passenger agrees that when, in the reasonable view of the actual operator or the pilot in command, safety or security may be compromised, the actual operator or the pilot in command may decide to refuse to start or commence a flight, divert a flight or take other action necessitated by such safety considerations without liability for loss, injury, damage or delay.
        3. Carriage of infants, children and adolescents:
        4.             Infants travel according to the safety regulations of the actual operator.
        5. Carriage of pets:
        6. Owing to safety reasons and because of the limited space available, Passengers are entitled to demand the transport of pets only if MS Aviation and/or the actual operator have been notified at      the time of booking and have           confirmed carriage of the pet. Passenger is responsible that the pet complies with the requirements in the        country of destination.
        7. Carriage of baggage:
        8.             (a) Excess and general baggage
        9.      Passenger baggage weight is limited for flight safety reasons and varies according to aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft. Passengers are obliged to notify MS Aviation and/or the actual operator of all excess     and general baggage, stating the dimensions and weight of the items such as but not limited         to sports equipment, pushchair/buggy and child’s car seat. The carriage of excess and general baggage shall be decided on the basis of the available hold capacity and security regulations for each flight at the sole discretion of the pilot in command. Accordingly, MS Aviation and/or the actual operator reserve the right to accept only a limited quantity or refuse the carriage of excess or general baggage entirely.
        10.             (b) Generally prohibited baggage
        11. For safety reasons, certain materials and items shall not be placed in either hold or checked baggage and will not be carried. The list of such items shall be provided to Client by MS Aviation and/or the actual operator upon Client’s request.
        12.             (c) Prohibited items in checked baggage
        13. For safety reasons, certain materials and items shall not be placed in either hold or checked baggage and will not be carried. The list of such items shall be provided to Client by MS Aviation and/or the actual operator upon Client’s request.
        14.             (d) Prohibited items in hand baggage
        15. For safety reasons, certain materials and items shall not be placed in either hold or checked baggage and will not be carried. The list of such items shall be provided to Client by MS Aviation and/or the actual operator upon Client’s request.
        16. Electronic equipment
        17. For safety reasons, the use of all personal electronic devices is strictly prohibited during take‐off and landing. The use of mobile phones is not permitted throughout the entire flight. The use of other electronic devices is permitted only with the consent of the pilot in command.
        18.  
        19. Smoking
        20.   Smoking may be prohibited on some flights depending on the individual aircraft. Additional Costs for fines, fees and/or cabin cleaning will be charged to Passenger.

        10. Force Majeure

        1. MS Aviation and/or the actual carrier reserve the right to at any time during the carriage to suspend or redirect the flight in question and/or provide the Passenger with another similar aircraft or cancel the flight without further liability to the Passenger in the event that the carriage cannot be completed in accordance with Passenger’s requirements due to war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, adverse weather conditions or other force majeure of any nature, technical reasons, detention or similar measures, accidents with aircraft, or due no other factors over which MS AVIATION and/or the actual operator have no control, or when the safety of the Passengers or the crew from the aircraft can reasonably be assessed to be in danger, at the discretion of the pilot in command or of the actual operator’s personnel (“Force Majeure Event”). Where MS Aviation and/or the actual operator cancel the contract having commenced but not completed the carriage due to the Force Majeure Event, Passenger shall only be charged on a pro rata basis for the portion of the carriage performed and any balance shall be refunded to Passenger.
        2. In the event that a Force Majeure Event occurs prior to the commencement of the carriage and no suitable solution can be found in the reasonable opinion of MS Aviation and/or the actual operator, MS Aviation and/or the actual operator reserve the right to cancel the contract of carriage without liability to Passenger. In this case, MS Aviation shall credit the Passenger with an amount corresponding to the flight in question minus all expenses already incurred.
        3. Unless stated otherwise in mandatory (indispensable) legislation, MS Aviation shall not be responsible for damage or loss as a result of or arising, directly or indirectly, in connection with the abovementioned circumstances.
        4. MS Aviation shall not be liable for any damage or loss of any nature whatsoever to Passengers arising from any delay arising as a result of a Force Majeure Event.

        11. General Liability Provisions

        1. (a) Liability in connection with the carriage of Passengers, freight and baggage is subject to the individual terms and conditions of the actual operator and can be provided to Client upon request. MS Aviation makes no         representation or warranty with regard to the third party operator and will not be liable in any way whatsoever        for any loss, damage, injury or expense suffered or incurred by the Client, the Passenger(s) or any third party   howsoever.

          (b) Client shall indemnify and hold harmless MS Aviation against all liabilities, claims and expenses (including legal costs and fees) in respect of any liability of MS Aviation towards such third party operators for any loss or damage whatsoever (including costs and expenses on a full indemnity basis) arising out of any act or omission of Client, its servants or agents or any Passenger(s) carried by authority of Client.

          (c) MS Aviation and/or the actual carrier shall not be liable for damage caused in fulfilment of      government regulations or because the Passenger fails to satisfy his/her obligations pursuant to these regulations.

        12. Cancellation

        1. Flight Services shall be deemed cancelled by Client in the event of (i) cancellation of any booked flight communicated by the Client to MS Aviation in advance of the commencement of Flight Services, (ii) a delay of any passenger and/or Client in excess of 60 minutes to the scheduled time of departure unless specifically agreed by MS Aviation in advance in writing (iii) a no‐show of either the Client and/or any Passenger, or (iv) any refusal of the Client and/or any of its passengers to comply with the reasonable instructions of MS Aviation or the actual operator’s pilot‐in command for flight safety and/or security reasons leading to the pilot‐in‐command to reasonably deem it necessary to cancel or terminate a planned flight and (v) if Client fails to make the payment prior the Due Date.
        2. In such circumstances the Cancellation Fees set out below shall be applicable and payable by Client:
          •  Up to 15 days before the 1st scheduled departure: 10% of the charter price;

            less than 15 days but at least 7 days before the 1st scheduled departure: 20% of the charter price;

            less than 7 days but at least 48 hours before the 1st scheduled departure: 35% of the charter price

          • less than 48 hours but at least 24 hours before the 1st scheduled departure or in case of a no show: 50% of the charter price.

            less than 24 hours before the 1st scheduled departure or in case of a no show: 100% of the charter price.

          • All Cancellation Fees are subject to a minimum payment of Euro 1,000 which is a reasonable pre‐estimate of the minimum cost to MS Aviation where a booked flight is cancelled and takes account, by way of example only, costs associated with the arrangement and movement of flight crew, permissions and associated administration and the logistics involved in organizing the flight and any extra services.
          • In the event a flight is cancelled not as a result of actions of MS Aviation, the costs of any additional goods and/or services arranged by MS Aviation at the Client’s request through third party supplier(s) ancillary to the actual booked flight shall also remain the responsibility of the    Client and shall be charged to the Client at the cost.
          • Any reimbursement of flight charges and any other amounts paid by the Client in advance of the booked flight shall be subject to the deduction of any amounts outstanding, Cancellation Fees and the balance of the sum paid by the Client, shall be repaid to the Client within 7 days of the date of receipt of cleared funds for the original booking. In any other circumstances (for example if the funds paid by Client are not sufficient to cover the Cancellation Fees), Client undertakes to make payment of any sums to cover the Cancellation Fees within 7 days of the date of issue by MS Aviation of an invoice to the Client for such sums.
          • MS Aviation will not be liable to the Client for any loss or expense incurred by the Client or any Passenger in the event of cancellation due to their failure to comply with the provisions set out in these Terms.

          13. Amendments

          1. MS Aviation reserves the right to amend these Terms at any time with effect for the future without obligation to notify Client. On continuing to use MS Aviation services after amendment of the Terms, Client declares the consent to the amendments.
          2. No agency, employee or any other third party is entitled to make any amendments and/or addenda to these Terms or to waive their applicability.
          3. These Terms contain the entire provisions of the contract between the Passenger and MS Aviation and supersede all previous agreements, regardless of whether such agreements were made verbally, by electronic means or in writing. In case of conflict between these Terms and any Special Terms, the Special Terms shall take precedence.

          14. Privacy and data protection

          1. (a) Personal data (such as name, address, telephone number and credit card details) are essential for booking. The protection of Passengers’ personal data is very important to MS Aviation. Data will be stored and protected at MS Aviation files.

            (b)MS Aviation and/or the actual carrier are explicitly entitled to transmit data obtained from official photo identification documents and other personal data processed or used in connection with   the carriage to public authorities, provided that the authority's request for disclosure is based on mandatory legal regulations and is necessary for performance of the contract.

            (c)MS Aviation and/or actual carrier are entitled to capture, process and use personal data within the scope of performance of the contract. The data is processed or used for the following purposes: making reservations, purchase of a ticket, purchase of additional services and handling payment transactions; development and provision of services, facilitating entry and customs clearance procedures.

            (d) The Passenger authorizes MS Aviation and/or actual carrier to capture, save, modify, block, delete and use the        data for that purpose and to transmit it to their own branch offices, authorized representatives and to the        parties who provide the above services on behalf of MS Aviation and/or actual carrier.

          15. Severability

          1. Should any one or more clauses of these terms be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.

          16. Applicable Law

          1. The contractual relationship between the Passenger and MS Aviation shall be governed by the laws of the Republic of Austria, irrespective of the Passenger’s nationality.

            Please countersign this Charter Confirmation and return to us by fax or    e-mail. By countersigning and returning this Confirmation to us, you acknowledge having read, you confirm you understood and hereby agree to our General Terms and Conditions.

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