Terms and Conditions

General Terms and Conditions of AirPart GmbH

valid from 01 November 2017


§ 1

AirPart GmbH, hereinafter referred to as APG, performs the ground handling services ordered by clients, provided that it is technically and personnel capable of doing so. The services shall be rendered depending on the availability of personnel and/or equipment. These General Terms and Conditions of Business shall apply as a matter of principle, unless otherwise agreed in writing between the respective principal and APG.

§ 2

(1) APG shall perform the services to be rendered with trained personnel as well as with facilities and equipment that meet the requirements of the traffic and, as far as possible, the respective standard customary in international air traffic.

(2) APG shall be entitled to use third parties as vicarious agents.

§ 3

The Principal and APG shall consult with each other in the performance of ground handling services and, if possible, shall take into account expedient recommendations of the other party.

In the event of an emergency or alarm within the scope of ground handling services, APG shall be entitled, without prior consultation with the Principal, to take all measures it deems necessary and appropriate in the interest of the Principal or third parties as well as to protect its own interests. The principal in whose area the emergency occurred shall bear the costs thereof, unless APG is responsible for the emergency.

§ 4

(1) The principal shall notify APG of its flight schedules, including all necessary information and instructions, as early as possible and in sufficient time to enable APG to perform the services incumbent upon it. In the case of unscheduled flights (including consolidation flights) and in the case of delays, the principals shall, if possible, notify APG in good time of the intended use of the services. Para. 2 shall also apply in these cases if the prerequisites are met.

(2) If, as a result of unregistered or delayed aircraft of a principal, there is an overlap with the handling of aircraft of other principals, APG reserves the right to give priority to the scheduled and registered aircraft. Flights for which less than 24 hours elapse between STA or ATA (whichever is earlier) or STD or ATD (whichever is earlier) and the announcement to APG that ground handling services are required shall be deemed not to have been registered.

(3) The principal shall contact APG in good time if

a) loading, unloading or reloading of particularly bulky or heavy freight is to be carried out for which special loading equipment must be used, or

b) special equipment or other services are required for the loading of other unusual freight.

(4) In the event of cancellations of his scheduled flights, the Customer shall pay a lump-sum compensation, which already takes into account ordinary saved expenses and ordinary benefits from the alternative use of personnel and equipment, in the following amounts:

(a) between 48 and 24 hours before STA/STD, 25% of the basic handling charge;

b) less than 24 hours before STA/STD 50% of the basic handling charge. The Principal shall be at liberty to prove that APG has suffered a lesser loss due to the non-utilization of the services.

(5) For delayed departures for which APG is not responsible, the principal shall be charged a surcharge of 5% of the "flat rate for handling" per 60 minutes of delay. However, the delay surcharge may not exceed 50% of the "flat rate for handling".

§ 5

To the extent permitted by law and subject to any special provisions made, the following shall apply in the event of culpable breaches of duty on the part of APG and, in all other respects, liability shall be excluded:

(1) APG shall only be liable for damage to and loss of baggage, air freight (including live animals) and air mail as well as for damage that has occurred due to a breach of material contractual obligations in accordance with the insurance contract concluded by APG up to the maximum insured sum of € 2.6 million and € 60,000 per damaging event.

(2) For other damages, liability shall be limited to the existing insurance sum of € 400 million per damaging event.

(3) All limitations of liability shall not apply in the event of intent or gross negligence on the part of APG, a legal representative or a vicarious agent or in the event of personal injury.

(4) Notwithstanding the foregoing, APG's liability vis-à-vis the Principal shall not extend further in individual cases than the Principal's liability vis-à-vis third parties. In this respect, the provisions of the Montreal Convention and the Warsaw Convention shall also apply, in particular those provisions which limit liability.

(5) Article 8 of the IATA Standard Ground Handling Agreement (SGHA) shall not apply, even if APG otherwise operates in accordance with the service descriptions and provisions of the SGHA.

§ 6

(1) The Principal shall pay a fee for each severance payment carried out by APG (handling charges). Unless otherwise agreed in writing, this fee shall be based on the published list of fees.

(2) Unless otherwise agreed in writing in advance, the basic charge and the charges for special services used which are not included in the basic charge and are shown in the "List of Service Charges" (special services) shall always be invoiced. The base fee shall not be reduced by the fact that the Customer does not or cannot accept individual services included therein.

(3) If the Principal employs its own personnel and/or uses its own equipment in the performance of ground handling services at the airport, the base charge payable shall not be reduced as a result, provided that at least parts of the ground handling services are performed by APG. Furthermore, in such cases, the ordering party shall indemnify APG against any liability to third parties arising from the use of its own personnel and/or equipment with regard to personal injury and/or damage to property.

(4) The handling fees shall be paid plus any applicable value-added tax.

§7

Debtor of the handling charges are, in addition to the client, as Joint and several debtor

a) the airline under whose airline code/flight number the respective flight is operated,

b) the airlines jointly and severally under whose airline code/flight number the respective flight is operated (code sharing),

c) the aircraft operator,

d) any other company applying to APG to have the invoice for the charges issued in its name or on its behalf.

e) the natural or legal person who has the aircraft in use without being the keeper or owner, such as a tenant or lessee.

§ 8

APG shall be entitled to set off any counterclaim; it shall be entitled to the right of retention and the defence of non-performance of the contract. The contracting party shall only be entitled to refuse performance if the counterclaim is based on the same legal relationship. The contractual partner is only entitled to set-off if the counterclaim is undisputed or has become res judicata. This restriction does not apply if the claim and counterclaim are based on the same contractual relationship.

§ 9

(1) Payment of the applicable handling charges shall be made in cash prior to departure, unless another method of payment has been expressly agreed.

(2) If payment after departure has been agreed, APG shall invoice the airline for the handling charges for the period of one month. Invoices shall be paid within 7 days without deduction and free of costs and charges in EURO currency. APG reserves the right to charge interest on late payments.

(3) If the subsequent payment method has been agreed, APG may demand securities up to the amount of the expected turnover in the coming three-month period. Securities may be provided by advance payment or by directly enforceable guarantee of a bank domiciled in the Federal Republic of Germany.

(4) If APG indicates in an invoice that the recipient must check the invoice within a reasonable period of time and notify APG of any objections to its correctness, the invoice shall be deemed correct and accepted if the recipient fails to raise any objections. A period of one month calculated from the date of the invoice shall be deemed reasonable, unless APG has specified a longer period. This shall not affect the general principles on the effects of silence in commercial transactions, even within a shorter period.

(5) APG may interrupt ground handling services pursuant to paras. 1 and 2 in the event of default in payment or failure to furnish requested securities.

§ 10

The Airport User Regulations of Flughafen Nürnberg GmbH, as amended from time to time, are an integral part of these Terms and Conditions.

§ 11

(1) Additions and amendments to these Terms and Conditions and the Annexes must be made in writing. The invalidity of individual provisions shall not result in the invalidity of the remaining terms and conditions. In the event that individual provisions are invalid, the contracting parties hereby undertake to enter into negotiations with the aim of replacing the invalid provision with a clause that comes as close as possible to what the parties intended economically with the previous provision.

(2) The contractual relationship established between APG and the Principal shall be governed exclusively by the laws of the Federal Republic of Germany.

(3) The place of performance shall be Nuremberg.

(4) The exclusive place of jurisdiction shall be Nuremberg, provided the contracting party is a merchant, a legal entity under public law or a special fund under public law. APG shall also be entitled to sue the contracting party at its general place of jurisdiction.