Terms and_conditions

Article 1 Applicability and definitions

a) These general terms and conditions apply to all agreements and obligations between Aerodynamics Private Jets (hereinafter: "Aerodynamics") and the client, as well as to the work and services performed by Aerodynamics, regardless of whether these arise from or are related to an agreement.

b) Provisions regarding the exclusion or limitation of liability in these terms and conditions also serve to protect employees of Aerodynamics and third parties engaged by Aerodynamics.

c) If and to the extent that the intermediary services of Aerodynamics result in a contract of carriage, the Montreal Convention of 28 May 1999 shall apply in addition to these terms and conditions, as well as other applicable aviation conventions and the Air Transport Act.

Article 2 Quotations and offers

a) All quotations and offers from Aerodynamics are non-binding and may be adjusted, amended or withdrawn by Aerodynamics at any time.

Article 3 Overruns, additional flight charges and operational costs

a) If the agreed travel duration or number of flight hours is exceeded, the client is obliged to reimburse all resulting costs, such as overrun charges and additional flight fees.

b) The client is also obliged to reimburse all additional costs arising from or related to the execution of the flight that are imposed or passed on by airports, handling agents, operators, government authorities or other involved third parties.

c) Such additional costs include, but are not limited to: parking and hangar fees, de-icing, fuel surcharges, slot fees, permits, security measures, waiting times, crew-related costs, route or airspace changes and other operational surcharges.

d) These costs are entirely for the account of the client, regardless of whether such costs were known or foreseeable at the time the agreement was concluded.

e) The absence of prior confirmation of parking availability, slots, permits or other operational approvals does not affect the client's payment obligation.

f) Section a also applies if the overrun is caused by:
I. Failure to obtain required visas or documents in time;
II. Passengers, baggage or cargo not being ready in time;
III. Acts or omissions of the client, its personnel, representatives or passengers.

Article 4 Intermediary services

a) Aerodynamics acts solely as an intermediary between the client and the operator of the aircraft. The execution of transport agreements and compliance therewith is entirely at the expense and risk of the client.

Article 5 Payment

a) Unless otherwise agreed, all amounts due must be paid in full no later than 48 hours before departure.

b) In the event of late payment, Aerodynamics has the right to dissolve the agreement without notice of default or court intervention.

Article 6 Performance of the agreement

a) Aerodynamics provides the client, to the best of its ability, with information regarding quotations, flight schedules, required documents and other relevant aspects of the flight. This information is provided subject to change and may be amended without giving rise to any obligation to pay compensation.

b) Aerodynamics is entitled to engage third parties in the performance of its obligations.

c) Aerodynamics has the right to deviate from previously issued instructions if this is necessary to prevent damage to persons or property.

d) Changes to the flight schedule or flight duration may result in an adjustment of the agreed price.

Article 7 Suspension and cancellation due to force majeure

a) Both Aerodynamics and the client may suspend or cancel the agreement in the event of force majeure.

b) Force majeure includes: strikes, war, threat of war, government measures, pandemics, epidemics, sanctions, cyberattacks, natural disasters, or other circumstances beyond the control of Aerodynamics that make performance impossible or unreasonably burdensome.

c) In the event of force majeure, Aerodynamics is not liable for any damage arising from suspension or cancellation.

Article 8 Termination in the event of bankruptcy or attachment

a) Either party may dissolve the agreement with immediate effect and without notice of default if the other party is declared bankrupt, is granted a moratorium on payments, or if a significant portion of its assets is attached.

Article 9 Liability and indemnification

a) Aerodynamics is not liable for damage arising from the execution of the flight, unless such damage is the result of intent, deliberate recklessness or gross negligence on the part of Aerodynamics.

b) Aerodynamics is not responsible for the safety of the aircraft or its crew, unless Aerodynamics has demonstrably acted carelessly in the selection of the operator.

c) Aerodynamics is not liable for damage caused by delays, cancellations or changes to the flight schedule.

d) If Aerodynamics is nonetheless held liable, such liability is limited to the amount paid out under its liability insurance, plus the applicable excess.

e) The client indemnifies Aerodynamics, its employees and the third parties engaged by it against claims from third parties related to the execution of the flight, unless such claims result from intent or gross negligence on the part of Aerodynamics.

f) Any liability shall lapse if the client or passengers fail to notify Aerodynamics in writing within 30 days of the occurrence of the damage.

Article 10 Privacy and data processing

a) Aerodynamics processes personal data of clients and passengers only to the extent necessary for the performance of the agreement, compliance with legal obligations and ensuring the safety and security of air transport.

b) Aerodynamics processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).

c) For more information on how Aerodynamics processes personal data, Aerodynamics refers to its privacy statement, available via the website or upon request.

Article 11 Applicable law and jurisdiction

a) This agreement is governed exclusively by Dutch law.

b) Disputes arising from this agreement shall be submitted exclusively to the competent court in Amsterdam, unless Aerodynamics opts for another competent court.

Article 12 Headings

The headings in these terms and conditions are included for clarification purposes only and do not form part of the legal interpretation of the content.