General Terms and Conditions
(Allgemeine Geschäftsbedingungen)

1. Terminology and Application

1.1 “AFS” means AFS Alpine Flightservice GmbH, Wallenmahd 23, AT-6850 Dornbirn, Austria, or AFS
Alpine Flightservice AG, Staatsstrasse 44, CH-9463 Oberriet, Switzerland.
1.2 “Customer” means the contractual partner of AFS.
1.3 “Charter Agreement” means the agreement constituting the respective legal basis for a flight
operated by AFS for the Customer.
1.4 “Charter Price” means the total price stated in the Charter Agreement. It includes the airfare,
standard catering, and all obligations of AFS expressly set out in Article 2.
1.5 “Airfare” means the price calculated for the period commencing when the aircraft leaves its parking
position at the airport of departure and ending when the aircraft comes to a stop at its parking position
at the airport of arrival.
1.6 “GTC” means these General Terms and Conditions of AFS.
1.7 These GTC apply to any carriage of passengers and/or baggage and/or other freight. Any general
terms and conditions of the Customer, or any other provisions inconsistent with these GTC, shall not
apply unless expressly accepted by AFS in writing.
1.8 Any deviation from these GTC or amendment thereto shall be valid only if confirmed by AFS in
writing. Oral side agreements shall be ineffective. Any waiver of the written-form requirement must itself
be made in writing.

2. Rights and Obligations of AFS

2.1 AFS shall provide an aircraft maintained and equipped in compliance with applicable statutory and
regulatory requirements, together with a crew duly qualified and authorised to perform the flight.
2.2 AFS shall issue and/or obtain all documents and permits required for the performance of the flight,
except for passengers’ personal entry, exit, visa and identity documents.
2.3 AFS shall provide a standard selection of beverages and standard VIP catering on all flights. Such
service shall depend on flight duration and the catering infrastructure available on the ground. Individual
requests may be accommodated at an additional charge. Depending on the technical equipment of the
aircraft used, either cold meals or hot meals may be offered.
2.4 AFS shall be responsible for issuing the transport documentation for all passengers and for all
baggage and/or freight to be carried. The respective crew shall provide the master ticket, where
applicable, prior to commencement of the flight.
2.5 AFS may have flights performed by another duly authorised airline operator. In such case, the
aircraft used shall be of a standard reasonably comparable to that of the aircraft booked.
2.6 AFS shall carry passengers only if complete and valid travel documents are presented. AFS may
refuse carriage if the entry requirements of the country of destination are not satisfied or if the required
carriage documents are not presented.
2.7 AFS may refuse carriage or terminate carriage prematurely, including with respect to baggage, in
particular if:
2.7.1 the aircraft, any passenger, any crew member, or any object on board is put at risk;
2.7.2 the crew is hindered in the performance of its duties;
2.7.3 instructions of the crew, in particular regarding smoking, alcohol consumption, or safety
procedures, are not complied with;
2.7.4 carriage would violate applicable laws, regulations, or requirements of the country of departure,
destination, or overflight;
2.7.5 the passenger refuses a personal or baggage security check required for safety reasons;
2.7.6 the passenger cannot present, or refuses to present, valid travel documents;
2.7.7 the Charter Price, taxes, charges, fees or extra costs under Article 7 have not been paid;
2.7.8 the passenger fails to comply with safety-related instructions issued by the crew;
2.7.9 the passenger carries prohibited baggage or prohibited items;
2.7.10 the passenger behaves aggressively, is heavily intoxicated, or otherwise appears unfit for
carriage.
2.8 The captain of the aircraft may refuse the carriage of passengers and/or baggage for safety
reasons, postpone or abort departure due to external influences or force majeure (including, in
particular, adverse weather conditions), and determine when and where the aircraft is to land. AFS shall
not be liable for any loss or damage incurred by the Customer arising from such decision of the captain,
except where mandatory law provides otherwise.
2.9 AFS may withdraw from the Charter Agreement if any licence, permit or authorisation required for
the performance of the flight is not granted by a third party despite timely and proper application by
AFS.

3. Rights and Obligations of the Customer

3.1 The Customer shall ensure that all passengers are made aware of these GTC and that all safety
regulations contained herein are complied with by all passengers.
3.2 The Customer shall provide AFS in due time with all information necessary for the performance of
the flight, including the passenger list and all relevant information regarding passengers, baggage and
freight, so that the required transport documents can be issued in time. Unless otherwise agreed in the
Charter Agreement, such information must be provided no later than 48 hours prior to the scheduled
departure.
3.3 The Customer shall be responsible for the accuracy and completeness of the information referred to
in Article 3.2 and for any loss, damage, cost or expense resulting from inaccurate or incomplete
information.
3.4 The Customer shall ensure that all passengers possess the travel documents required prior to
commencement of the flight.
3.5 The Customer shall ensure that all passengers and/or consignors of freight comply with passport,
customs, public-health and all other applicable laws and regulations of the countries in which a landing
is scheduled.
3.6 Any costs, expenses, penalties or fines resulting from non-compliance with such provisions, laws or
regulations shall be borne by the Customer, and the Customer shall indemnify and hold AFS harmless
accordingly.
3.7 All passengers on board the aircraft shall follow the instructions of the crew.
3.8 Passengers shall arrive at the airport in due time and, in any event, no later than 15 minutes prior to
the scheduled departure, so as to ensure timely departure and/or use of any reserved slot.
3.9 The Customer shall ensure that no dangerous or prohibited baggage or items are brought on board.

4. Baggage and Freight

4.1 In order to ensure that all baggage can be loaded, the following baggage allowance per passenger
shall apply unless otherwise agreed:
Length: 1,300 mm / Width: 600 mm / Height: 400 mm
Maximum weight: 22 kg
4.2 AFS may reduce the above baggage allowance where necessary for safety, operational or legal
reasons, including due to the number of passengers or the characteristics of the flight to be performed.
4.3 In addition to the baggage specified in Article 4.1, hand luggage may be taken on board provided it
can be safely stowed and does not create a safety risk.
4.4 Carriage of baggage exceeding the limits set out in Article 4.1 must be separately agreed in the
Charter Agreement.
4.5 As regards the carriage of freight, loading and unloading of the aircraft shall be performed at the
Customer’s risk and expense. The Customer shall provide all lashing materials required for transport.
4.6 AFS may use any payload capacity not utilised by the Customer for its own purposes.
4.7 The carriage of animals must be separately agreed in the Charter Agreement.
4.8 The carriage of hazardous materials is prohibited on all AFS flights.
4.9 Neither the Customer nor any passenger may bring on board the following items:
4.9.1 items that may endanger the aircraft, equipment on board, or persons, including in particular
explosives, compressed gases, oxidising, radioactive, corrosive or magnetising materials, highly
flammable materials, toxic or aggressive substances, and all liquid or other items classified as
dangerous goods under applicable dangerous goods regulations;
4.9.2 items unsuitable for carriage due to their weight, dimensions or nature;
4.9.3 weapons of any kind, including in particular firearms, cutting weapons, stabbing weapons, and
pressurised gas containers that could be used for attack or defence.
4.10 Electronic devices must be switched off, or switched to flight mode where available, before take-off
and landing.

5. Non-Performance and Delays

5.1 The scheduled times of departure and arrival stated in the Charter Agreement are approximate
only. AFS does not guarantee adherence to such times and may deviate from them if circumstances
beyond the reasonable control of AFS so require, or where necessary for safety, slot-related,
operational or technical reasons.
5.2 In the event of delays caused by reasons for which AFS is responsible, AFS may, at its own
expense, use other means of transport for passengers, baggage and/or freight, or provide
accommodation until the flight is performed, where reasonably appropriate.
5.3 If the scheduled departure is delayed by more than 30 minutes due to the late arrival of passengers
and/or missing or incomplete travel documents, the Customer shall bear all additional costs arising from
the delayed performance of the flight. If the delay exceeds 60 minutes, AFS shall additionally be entitled
to cancel the flight and charge the cancellation fees set out in Article 7.6. If the Customer informs AFS
of a passenger delay at least 30 minutes before the planned departure, and if the subsequent flight
schedule permits and EASA flight duty time limitations allow, AFS shall not charge any delay fee;
however, external costs actually incurred (including HOTAC and parking charges) shall be invoiced at
cost.
5.4 AFS shall use reasonable efforts to accommodate destination changes requested by the Customer
even at short notice; however, the Customer shall have no entitlement to demand such changes.
5.5 If the destination airport cannot be used due to weather conditions or other circumstances beyond
the reasonable control of AFS (force majeure), the Charter Agreement shall be deemed fulfilled upon
landing at a suitable alternative airport. Any resulting delay shall not affect contractual fulfilment and
shall not give rise to any liability of AFS, except where mandatory law provides otherwise.
5.6 If the departure airport cannot be used due to weather conditions or other circumstances beyond
the reasonable control of AFS (force majeure), the Charter Agreement shall be deemed fulfilled if
departure is made from a suitable alternative airport and the passenger is carried to the agreed
destination airport. Any resulting delay shall not affect contractual fulfilment and shall not give rise to
any liability of AFS, except where mandatory law provides otherwise.
5.7 Notwithstanding Articles 5.5 and 5.6 and subject to Article 6, where non-performance or delay is
caused by circumstances beyond the reasonable control of AFS, including but not limited to acts of third
parties, labour disputes, force majeure (including adverse weather), technical breakdown, or accident to
the aircraft or any part thereof, AFS shall use reasonable efforts to perform or continue the agreed flight
schedule. Failing that, AFS shall have no liability to the Customer or any passenger for such non-
performance or delay, except where mandatory law provides otherwise. Any time lost shall not count
towards demurrage unless the aircraft is already on demurrage. The Customer shall remain liable to
pay such portion of the Charter Price as is proportionate to the part of the flight schedule already
performed, together with passenger expenses and any additional charges payable by the Customer
under the Charter Agreement.

6. Liability

6.1 AFS shall be liable only for damage occurring during carriage and only to the extent provided by
applicable mandatory law, these GTC, and the Charter Agreement.
6.2 AFS has arranged passenger legal liability insurance with a guaranteed amount of SDR 250,000.00
per passenger and baggage damage insurance in the amount of SDR 1,131.00 per passenger. Where
AFS is liable, compensation shall be paid up to the applicable insured or legally required amount. Any
compensation paid by the insurer shall be credited against any liability claim against AFS, unless
prohibited by law.
6.3 To the extent permitted by law, AFS shall in particular not be liable for:
6.3.1 damage caused by third parties;
6.3.2 any damage, cost or expense incurred by the Customer as a result of non-performance by AFS,
unless caused by gross negligence or wilful misconduct on the part of AFS;
6.3.3 indirect, incidental, special or consequential loss or damage of whatever kind, including loss of
income, loss of profit or other pecuniary loss.
6.4 The liability of AFS shall be governed by the Montreal Convention of 28 May 1999, Regulation (EC)
No 2027/97 as amended by Regulation (EC) No 889/2002, and any other mandatory Austrian legal
provisions applicable to the respective carriage. To the extent legally permissible, liability shall be
limited to the applicable mandatory limits.
6.5 AFS shall not be liable for any damage, including in particular loss of income, loss of profit or other
pecuniary loss, resulting from delay or non-performance caused by force majeure, adverse weather
conditions, or instructions, requirements or restrictions imposed by third parties or authorities for safety
reasons, except where mandatory law provides otherwise.
6.6 AFS shall not be liable for damage, including in particular loss of income, loss of profit or other
pecuniary loss, resulting from delay in the carriage of passengers, baggage or freight, or from the use
of alternative airports, unless such damage was caused by gross negligence or wilful misconduct of
AFS.
6.7 The Customer shall remain liable for performance of the Charter Agreement even where acting as
agent for a third party, unless otherwise expressly agreed in writing by AFS.
6.8 The Customer shall notify AFS without undue delay of any passenger injury or baggage damage
occurring during carriage by AFS and, in any event, no later than immediately after completion of
carriage. Failure to do so may affect or exclude liability only to the extent permitted by applicable law.

7. Payment and Cancellation

7.1 Unless otherwise agreed in the Charter Agreement, the Charter Price shall be payable within 14
days after conclusion of the Charter Agreement and, in any event, prior to commencement of the flight.
All flight-related costs and fees not included in the Charter Price shall be payable within 14 days after
receipt of the invoice issued by AFS.
7.2 If the Customer has not paid the full Charter Price prior to commencement of the flight, AFS may
withdraw from the Charter Agreement and retain and/or charge a cancellation fee in accordance with
the provisions below.
7.3 The Charter Price does not include:
7.3.1 call charges and data fees for the use of any available infrastructure;
7.3.2 the costs of transporting passengers to and from the airport, as well as parking charges for the
Customer’s vehicle, unless expressly agreed in the Charter Agreement;
7.3.3 any de-icing costs incurred for operational reasons;
7.3.4 costs related to the procurement of personal entry and exit permits of passengers;
7.3.5 individual catering requests, unless expressly agreed in the Charter Agreement.
7.4 Any increase in costs included in the Charter Price arising after conclusion of the Charter
Agreement and prior to commencement of the flight, where such increase results from circumstances
beyond the reasonable control of AFS (including increases in governmental charges, airport fees,
handling costs or fuel prices exceeding 5%), may be passed on by AFS to the Customer.
7.5 The Charter Price is calculated by AFS on the basis of the expected airborne minutes determined
according to general flight planning principles. Nevertheless, the Charter Price is agreed as a fixed
price, and no increase shall be charged to the Customer if the flight duration is extended due to external
influences beyond the reasonable control of AFS.
7.6 In the event of cancellation of a flight by the Customer, AFS shall be entitled to retain the
security deposit and/or charge cancellation fees in accordance with the following cancellation
policy:
From signing until 14 days prior to departure: 10% of the total agreed Charter Price
13 to 7 days prior to departure: 20% of the total agreed Charter Price
6 to 3 days prior to departure: 50% of the total agreed Charter Price
2 to 1 day(s) prior to departure: 80% of the total agreed Charter Price
Less than 24 hours prior to departure: 100% of the total agreed Charter Price
7.7 Cancellation of the Charter Agreement must be made in writing to be valid.
7.8 All payments under the Charter Agreement shall be made without deduction, set-off, counterclaim,
discount, abatement or withholding, except where mandatory law requires otherwise.
7.9 If the Customer fails to pay any amount due under the Charter Agreement, the Customer shall pay
default interest on the overdue amount at a rate of 5 percentage points above the base lending rate of
the Austrian National Bank, accruing on a daily basis until full payment is received, whether before or
after judgment.
7.10 Unless otherwise specified, the total price shall be deemed earned upon commencement of the
flight, or of the series of flights, to which it relates.
7.11 If the period between signing the Charter Agreement and departure does not allow the agreed
payment to be credited to the AFS account prior to departure, AFS may permit the Customer to secure
the flight by means of a reservation on the Customer’s credit card. AFS accepts Mastercard, Visa and
American Express. The reserved amount shall equal the amount agreed under the Charter Agreement
plus 5% to cover credit card charges. AFS shall release the reserved amount immediately after receipt
of the Customer’s payment.
7.12 Credit card payments are accepted. AFS shall be entitled to charge an additional credit card fee of
5% of the agreed Charter Price.

8. Data Privacy

8.1 The Customer acknowledges that personal data provided to AFS may be processed by AFS for the
purposes of flight booking, ticketing, provision of on-board services, payment processing, safety and
immigration compliance, administration, statistics, customer relations and, where legally permissible,
marketing by AFS. The Customer may object to the use of personal data for marketing purposes at any
time in writing. Any processing of personal data shall be subject to applicable data protection law.

9. Final Provisions

9.1 Any dispute arising out of or in connection with the Charter Agreement between AFS Alpiner
Flugservice AG and the Customer, any amendment thereto, or any supplementary agreement shall be
subject to the jurisdiction of the competent court in St.Gallen, Switzerland, provided that such
jurisdiction clause is legally permissible. AFS shall also be entitled to sue the Customer at the
Customer’s general place of jurisdiction. The Charter Agreement and these GTC shall be governed
exclusively by Swiss law, excluding conflict-of-law rules, unless mandatory international or national
provisions require otherwise.
9.2 Any dispute arising out of or in connection with Agreements between AFS Alpine Flightservice
GmbH and the Customer, any amendment thereto, or any supplementary agreement shall be subject to
the jurisdiction of the competent court in Feldkirch, Austria, provided that such jurisdiction clause is
legally permissible. AFS shall also be entitled to sue the Customer at the Customer’s general place of
jurisdiction.
9.3 The Charter Agreement and these GTC shall be governed exclusively by Swiss law, excluding
conflict-of-law rules, unless mandatory international or national provisions require otherwise.
9.4 If any provision of these GTC is or becomes invalid, illegal or unenforceable, this shall not affect the
validity of the remaining provisions. The invalid, illegal or unenforceable provision shall be replaced by a
valid provision that comes as close as possible to the economic intent and purpose of the original
provision.

Oberriet, August 2026