General Terms and Conditions

Version of 20 September 2026, effective from 20 September 2026. This version applies to all brokerage orders placed on or after that date and supersedes all earlier versions.

Annexes: Annex 1 Instructions on withdrawal · Annex 2 Model withdrawal form · Annex 3 Information for passengers on the processing of personal data

This English version is a translation. Pursuant to clause 17.4, the German version alone is authoritative in the event of any discrepancy.

AviScout brokers contracts for carriage by air with airlines for the Client. The brokerage contract is governed exclusively by AviScout's General Terms and Conditions in the version applicable at the time the order is placed. Deviating general terms and conditions of the Client are not recognised unless AviScout expressly agrees to their application in writing.

The Client is a consumer where the purpose of the brokerage service ordered cannot be attributed predominantly to its commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of its commercial or self-employed professional activity when concluding the brokerage contract.

„AviScout“ within the meaning of these General Terms and Conditions is AviScout GmbH & Co. KG, Heinrich-Kappus-Weg 17, 61440 Oberursel (Taunus), Germany, registered with the commercial register of the Local Court of Bad Homburg v. d. H. under HRA 6055, represented by its general partner AviScout Verwaltungs GmbH, Oberursel (Taunus), Local Court of Bad Homburg v. d. H., HRB 14925, which in turn is represented by its managing director Markus Andreas Beck. VAT ID: DE 333 003 007. Telephone: +49 6171 8986 483. E-mail: mail@aviscout.com.

The Client instructs AviScout to broker contracts for carriage by air with airlines in Germany and abroad that meet the Client's individual wishes and requirements (the „Charter Contract“).

The Charter Contract itself is concluded exclusively between the Client and the airline. AviScout's services are limited solely to brokering the Charter Contract. Any further performance obligations of AviScout, in particular an obligation to carry out the carriage, are excluded.

The Client authorises AviScout, for the performance of the brokerage contract vis-à-vis the airline, to conclude the Charter Contract (i.) in its own name but exclusively for the account of the Client, or (ii.) in the name of the Client, likewise exclusively for the account of the Client. This likewise does not give rise to any performance obligation of AviScout going beyond the pure brokerage service. Where AviScout concludes the Charter Contract stating its own name, AviScout nevertheless acts under a third party's name, namely for the Client on the basis of the authority granted by the Client. The Client is directly entitled and obliged under the Charter Contract; AviScout is neither entitled nor obliged under the Charter Contract unless expressly agreed otherwise.

AviScout bears no responsibility for whether or how the Charter Contracts, in particular the carriage, are performed. The obligation to perform the carriage rests solely with the respective airline as the Client's counterparty under the Charter Contract. AviScout is neither a vicarious agent nor an assistant of the airline.

Where the Client and the passengers are not identical, the passengers are not included in the brokerage contract with AviScout. There is neither a contract for the benefit of third parties nor a contract with protective effect for third parties. The sole counterparty to the brokerage contract with AviScout is the Client.

AviScout brokers exclusively air carriage services and ancillary services directly connected with them, in particular catering and ground transfer. AviScout does not assemble travel services into package tours within the meaning of sections 651a, 651b of the German Civil Code and does not broker linked travel arrangements within the meaning of section 651w of the German Civil Code. Accommodation services and rental cars are not brokered.

The Client may place brokerage orders in writing, orally and/or by using digital means (e.g. WhatsApp).

The Client may authorise third parties, expressly or by implied conduct, to place brokerage orders on its behalf.

The brokerage contract is concluded only once (i.) AviScout has confirmed acceptance of the brokerage contract, or (ii.) AviScout sends the Client an offer for the conclusion of a Charter Contract and the Client authorises AviScout to conclude the Charter Contract in accordance with clause 4.2.

Offers, offer cover sheets, these General Terms and Conditions and the instructions on withdrawal together with the model withdrawal form may, at the Client's request, also be transmitted to the Client via messenger services as file attachments. Only the version transmitted as a file attachment, bearing the offer number and version date stated therein, is authoritative. Route, aircraft and price information in the message text, in text or image form, is non-binding and does not constitute an offer; in other respects declarations in the message text remain effective.

The Client and AviScout may agree that brokerage orders may also be placed and confirmed via a specifically designated messenger channel. Such agreement requires that a brokerage has already been fully performed and invoiced between the parties on the basis of a signed offer cover sheet. Where a payment term pursuant to clause 7.7 is stated in the invoice for that brokerage, compliance with that term suffices. Activation applies to the telephone number designated by the Client and to the authorised person designated by the Client. Either party may revoke the activation at any time in text form with effect for future orders; AviScout may revoke it in particular in the event of the Client's default in payment. If the released telephone number or the authorised person changes, the activation ends until the Client confirms it again in text form. The Client notifies AviScout without undue delay of the loss of the device and of the departure of the authorised person; until such notice is received, declarations made via the channel are attributed under the general rules of agency.

Where the messenger channel has been activated pursuant to clause 3.5, the Client may place the brokerage order and give the confirmation pursuant to clause 4.2 via that channel. By its confirmation the Client instructs AviScout to carry out the brokerage and grants AviScout the authority pursuant to clause 4.2 in the wording reproduced in the offer referred to. The content and scope of the order are determined by the offer referred to, in the version stated therein; where the message text deviates from the file attachment, the file attachment prevails. With every offer made via the channel AviScout transmits the applicable version of these General Terms and Conditions and, vis-à-vis consumers, additionally the instructions on withdrawal and the model withdrawal form, in each case as a file attachment, and confirms the conclusion of the contract in text form. Clause 15.2 also applies here to the expiry of the right of withdrawal.

Where the Client is a consumer, the following applies in addition to orders placed via the activated channel: AviScout transmits the instructions on withdrawal and the model withdrawal form as a file attachment with every offer. The Client's declaration that AviScout should begin the brokerage service before expiry of the withdrawal period, and the confirmation of its awareness that the right of withdrawal expires, must be given separately for each individual order; a declaration given in advance or for future orders is ineffective in this respect. The activation under clause 3.5 extends only to the channel of communication and does not replace those declarations. As long as they are not available for an order, AviScout does not conclude the Charter Contract.

AviScout examines the suitability of one or more matching airlines on the basis of the information provided to AviScout by the Client. Where AviScout has identified one or more suitable airlines, AviScout sends the Client an offer of the airline setting out the airline's principal terms and services and the invoice price. At the Client's request the offer may also be transmitted using digital social media channels. The Client bears the transmission risk. All offers from AviScout are subject to change and non-binding; they are subject to the continued availability of the aircraft and to confirmation by the airline. An offer lapses unless confirmed by the Client within the period stated in the offer or, absent such a period, within 24 hours. Interim changes to the invoice price or to availability remain reserved until binding confirmation by the airline; AviScout will inform the Client thereof without undue delay.

By confirming the offer for the conclusion of a Charter Contract, which may be given orally, by e-mail, by WhatsApp or similar, by SMS or in writing, the Client grants AviScout the authority to accept the offer to conclude the Charter Contract with the airline in accordance with clause 2.3 on the terms stated in the offer and in the Charter Contract and subject to the airline's general terms and conditions. AviScout is entitled but not obliged to conclude the Charter Contract. At the same time the Client confirms that the brokerage fee of AviScout contained in the invoice price is agreed upon conclusion of the Charter Contract.

The Charter Contract between the Client and the airline is customarily concluded subject in particular to the condition that all permits required for the safe and professional operation of a flight are obtained by the airline and granted by the competent authority. This includes take-off, landing and overflight permits. If such permits are not granted, are revoked, or the flight cannot be operated for other reasons, AviScout will inform the Client immediately after being notified by the airline.

Before the Client's confirmation, AviScout makes available to the Client in text form the terms of the airline that are material to performance, at least the cancellation, baggage and payment conditions. Beyond that, AviScout will on request make the airline's full contractual terms available, provided the airline consents to their disclosure.

Departure and arrival times are subject to the allocation of the necessary slots, parking positions and apron and night-flight approvals (PPR) by airport operators, air traffic control and the authorities. A commitment to particular times does not constitute a guarantee that they will be met. If slots or parking positions are not allocated, are not allocated in time, are allocated only for different times or are subsequently withdrawn, the airline is entitled to adjust times or to divert to a neighbouring airport. Additional costs incurred at the Client's request in order to maintain the originally intended times, in particular costs for repositioning or additional ground time, are borne by the Client. AviScout is not liable for the allocation or continued existence of slots and parking positions. Reservations of the airline contained in the offer or in the order confirmation are passed on by AviScout to the Client in text form before the Client's confirmation.

Where the brokered flight is an empty-leg flight or the Charter Contract is subject to the consent of the owner or operator of the aircraft, AviScout will notify the Client thereof in text form before the Client's confirmation. In such cases the airline may cancel the flight at any time up to departure. The Client's claims are limited to the refund of amounts already paid in accordance with the Charter Contract; further claims against AviScout, in particular for consequential costs, do not exist.

AviScout concludes the Charter Contract with the airline only once the Client's confirmation pursuant to clause 4.2 is available. Enquiries and reservations (options) placed by AviScout with the airline beforehand are non-binding and do not constitute a Charter Contract.

The Client is obliged to provide AviScout with all necessary information (destination, travel time, number of passengers, special requests) for the selection of a suitable airline when placing the brokerage order.

The Client is obliged to check the offer for the conclusion of a Charter Contract with the airline for errors and/or ambiguities before confirming it.

The Client is further obliged to comply with all statutory and contractual provisions relating to the performance of the Charter Contract and the carriage. This includes the airline's general terms and conditions.

The Client warrants that no persons on sanctions lists will be on board the flight and that neither the flight nor its operation will breach any sanctions provisions.

The Client is obliged to notify AviScout of the surname, first name, date of birth, nationality and the type, number and period of validity of the travel document of the passengers no later than 48 hours before departure or, where the order is placed within that period, without undue delay after conclusion of the contract. Travel documents must be valid for at least three months beyond the intended travel period where the airline or the destination country so requires. Delays, additional costs or non-operation of the flight resulting from late, incomplete or incorrect information are borne by the Client.

The Client must check its passengers, baggage and cargo for compliance with the entry, exit, transport, import and export provisions applicable in the destination country, of the airline and of any transit countries. The carriage of persons, items and/or animals not fit for carriage is at the Client's sole risk; the Client is otherwise also solely responsible for compliance with the airline's conditions of carriage. It is therefore for the Client alone to check the validity and accuracy of the travel, carriage, entry and exit documents of its passengers, baggage and/or cargo and to ensure compliance with the applicable statutory and contractual provisions. AviScout has no obligations in this respect.

In the case of a medical transport, the Client is obliged to produce a medical certificate confirming the fitness of the passengers concerned for transport.

The Client must present itself in good time at the notified or agreed meeting point on the date of travel. Times of travel are generally stated in local time, so the Client must inform itself independently of any time difference at the place of departure.

Where the Client and the passengers are not identical, the Client must ensure that the passengers likewise comply in full with the above obligations.

The Client is aware that the pilots of the respective flight have full discretion over the aircraft and the operation of the entire flight. This concerns in particular the occupancy and loading of the aircraft with passengers and baggage as well as deviations from the route and destination airport in order to ensure passenger safety and compliance with statutory provisions.

Departure times and dates recorded in the Charter Contract may be changed only with the airline's consent. Any additional costs resulting from changes of plan must be reimbursed.

The Client pays the invoice price in accordance with clause 6. Any reimbursement of expenses beyond that exists only under clauses 6.3, 6.5 and 7.7.

The Client is further obliged to indemnify and hold AviScout harmless from all claims asserted against AviScout by the airline or a third party that are attributable to an act or omission of the Client for which the Client is responsible in connection with the conclusion and performance of Charter Contracts; section 254 of the German Civil Code remains unaffected. Cancellation, termination and rescission are governed exclusively by clause 8. The Client must accept attribution of the conduct of third parties pursuant to section 278 of the German Civil Code, in particular of the passengers named by it.

The Client is liable for all damage to the aircraft and its equipment culpably caused by the Client, its passengers or items, animals or cargo carried by them, as well as for the resulting cleaning, repair and downtime costs. Contractual penalties imposed by the airline, in particular for smoking on board, are borne by the Client to the extent they were notified to it in text form before its confirmation. The same applies to fines and costs incurred by the airline as a result of breaches by the Client or its passengers of entry, customs, security or dangerous goods provisions. The Client indemnifies AviScout against corresponding claims of the airline.

AviScout is entitled to require from the Client, before and during the performance of the brokerage contract, the information and evidence necessary to comply with anti-money-laundering, sanctions and export-control obligations, in particular as to the identity of the Client and the passengers, the beneficial owner and the origin of the funds used. If the Client fails to comply with such a request, or fails to do so completely or in time, AviScout will set it a reasonable period to remedy this, unless setting a period is dispensable given the short time remaining before departure. Upon expiry of that period without result, and in cases where there are indications of a breach of sanctions, anti-money-laundering or export-control provisions, AviScout is entitled to terminate the brokerage contract without notice and to refuse performance. AviScout's claims to remuneration and reimbursement of expenses as well as any cancellation costs remain unaffected.

The invoice price is a total price. It comprises the carriage price agreed with the airline, the passenger taxes for the stated number of passengers, the security charges and AviScout's brokerage fee. Upon confirmation of the offer, the brokerage fee contained in the invoice price is deemed agreed. The invoice price and the bank transfer price under clause 7.4 are each shown in the offer as a total price and differ solely according to the means of payment; the brokerage fee is contained in both.

The invoice price does not include, in particular, any fuel surcharges of the airline, aircraft de-icing, charges for special handling of passengers, baggage or cargo, additional costs for excess baggage, usage charges for internet, WLAN or satellite telephone, ground time, airport operator charges, hangar costs or other airport or operator costs, as well as charges and costs in connection with cleaning or repair measures in or on the aircraft, additional expense for landing, diversion, demurrage or flight hours, and additional catering orders, insurance, ground transport or licence fees. All taxes, charges and surcharges foreseeable at the time the offer is made are included in the invoice price; sentence 1 covers only items arising from performance or at the Client's request. For those items the offer states the basis of calculation.

Items not included in the invoice price within the meaning of clause 6.2 are invoiced to the Client separately as and when incurred, including any handling or disbursement surcharges levied thereon by the airline. AviScout is entitled to charge such items subsequently within three months after the intended first date of departure; thereafter subsequent charging is excluded. At the Client's request AviScout evidences the items charged subsequently by producing the underlying settlements; where a confidentiality obligation towards the airline exists, clause 8.4 applies, vis-à-vis consumers at AviScout's cost.

Vis-à-vis consumers the invoice price is a total price including any value added tax. Vis-à-vis entrepreneurs the invoice price is, to the extent the service is subject to value added tax, exclusive of value added tax at the applicable rate; value added tax not shown in invoices which becomes payable subsequently due to a change in the law, in the view of the tax authorities or in case law must be paid additionally by entrepreneurs.

Catering and ground transfer are ancillary services to the brokered carriage. Where they form part of the Charter Contract with the airline, clauses 6.1 to 6.3 apply to them. Otherwise the Client authorises AviScout to order them from the relevant service provider in its name and for its account; AviScout informs the Client of the provider and the price in text form before ordering. AviScout advances the amounts incurred for this purpose and passes them on to the Client without any mark-up. No separate contractual relationship for such services arises between AviScout and the Client. Clause 2.6 remains unaffected.

(1) The VAT treatment of the brokerage service depends on the classification of the Client and on the flight route. On the basis of the Client's details AviScout assigns the Client to one of the following groups: K1 — consumer resident in Germany; K2 — consumer resident abroad; K3 — entrepreneur established in Germany; K4 — entrepreneur established in another Member State of the European Union who uses for the order a valid VAT identification number qualified-confirmed under section 18e of the German VAT Act; K5 — entrepreneur established in a third country. (2) For groups K3 to K5 the place of the brokerage service is the Client's place of establishment (section 3a(2) of the German VAT Act). For groups K1 and K2 it is the place of the brokered transaction (section 3a(3) no. 4); that place follows the transport route (section 3b), so that only the share attributable to Germany is taxable in Germany. (3) On that basis: for K4 the service is not subject to German VAT and the Client is liable for the tax (Article 196 of Directive 2006/112/EC). For K5 the service is not subject to German VAT. For K1 to K3 the brokerage of cross-border carriage of passengers by aircraft is exempt under section 4 no. 5 sentence 1 (b) of the German VAT Act; where the brokered transaction is effected exclusively in a third territory the exemption is based on section 4 no. 5 sentence 1 (c); where the carriage takes place exclusively within Germany the brokerage service is taxable. (4) AviScout states the Client's classification and the resulting VAT note in the offer, in the offer cover sheet and in the invoice. The note is determined individually for each order; there is no fixed pre-printed note. (5) Before the offer is prepared, the Client informs AviScout whether it acquires the brokerage service for its business and, if so, uses its VAT identification number for the order. Where no qualified-confirmed VAT identification number used for the order is available, AviScout assigns the Client to group K1 or K2 until evidence is provided. The Client notifies AviScout without undue delay of any change in the circumstances relevant to the classification. (6) Where the classification is based on incorrect details provided by the Client, AviScout is entitled to charge the corresponding value added tax subsequently; clause 6.4 remains unaffected.

The Client authorises AviScout to conduct all communication with the airline concerning the desired carriage and its operation on behalf of the Client. No additional remuneration is owed for this. AviScout is not obliged to make use of this authority.

Remuneration is owed to AviScout only upon and for the successful brokerage of a Charter Contract. The claim to remuneration arises upon conclusion of the Charter Contract and is determined by the value of the brokered service and the associated time and personnel expenditure. A cancellation, rescission or termination of the Charter Contract does not affect AviScout's claim to remuneration.

Unless agreed otherwise, invoices of AviScout are due for payment immediately upon receipt without deduction. Timeliness is determined by receipt of the full amount in AviScout's account; vis-à-vis consumers, timely issue of the payment order with sufficient funds suffices. Payment must be made in sufficient time to enable AviScout to meet the airline's payment deadlines; the payment period stated in the offer is decisive. AviScout is obliged to forward the carriage price to the airline only after receipt of payment in full; the claim to operation of the flight lies solely against the airline in accordance with the Charter Contract. If payment is not made in time, AviScout is entitled to cancel the Charter Contract in the name and for the account of the Client; the Client grants AviScout authority to do so for the event of default in payment. Clause 8 applies. Deviations from advance payment require confirmation by AviScout in text form; a deviation granted in an individual case does not give rise to any entitlement for future orders. In the event of default in payment the Client owes default interest at the statutory rate; the assertion of further damage caused by default remains reserved. Set-off is permitted to the Client only with counterclaims that are undisputed, have been finally determined by a court or are ready for decision. Rights of retention arising from the same contractual relationship remain unaffected.

The amount shown in the offer as the invoice price applies to payment by credit card. Where payment is made by bank transfer, the separately stated bank transfer price shown in the offer as an absolute amount applies; the decisive factor is the means of payment alone. The full amount should be credited to AviScout's account no later than three banking days in Frankfurt am Main before the first date of departure; where the order is placed within that period, receipt before the first departure suffices. If a payment by bank transfer is received late or incompletely, the bank transfer price continues to apply; the consequences of default under clause 7.3 apply. If, contrary to what was announced, payment is made by credit card, the invoice price applies; any difference already taken into account must be paid subsequently. The invoice price and the bank transfer price are each shown in the offer as a total price in euros. No additional charge is levied for the use of a particular means of payment. Where the Client has been granted a payment term in the invoice, that term replaces the period under sentence 3.

AviScout forwards the carriage price agreed with the airline within the payment deadlines agreed with the airline, but in any event in sufficient time not to jeopardise the operation of the flight. In the case of bookings made within those deadlines, forwarding takes place without undue delay after receipt of payment.

Unless agreed otherwise, invoicing is in euros. Where another currency is agreed, the Client bears the currency and exchange rate risk. All costs and charges of the payment transaction, in particular charges for international transfers and correspondent banks, are borne by the Client; payments must be made in such a way that the invoice amount accrues to AviScout in full. Where payment is made in a currency other than the invoice currency, the decisive amount is that credited to AviScout’s account after conversion and after deduction of all conversion and bank charges; the Client makes good any shortfall. Repayments and refunds are made in the invoice currency to the account from which the payment originated; any conversion and bank charges incurred are borne by the Client unless AviScout is responsible for them. Clause 15 and the instructions on withdrawal remain unaffected. Cash payments are not accepted. The Client consents to the transmission of invoices in electronic form.

AviScout forwards payments of the Client to the airline for the Client’s account. Where AviScout advances amounts in an individual case before payment is received, it does so exclusively for the account of the Client. The Client reimburses amounts advanced to the extent AviScout owed them under the Charter Contract and the airline does not refund them; clauses 8 and 9.4 remain unaffected. A payment term deviating from clause 7.3 is stated by AviScout in the invoice; a separate agreement is not required. AviScout may make forwarding conditional upon prior payment of an advance.

(1) The Client may terminate the brokerage order at any time and instruct AviScout to cancel, terminate or rescind the Charter Contract („Cancellation“). The declaration requires text form. The time of receipt by AviScout is decisive. (2) AviScout notifies the Client of the cancellation conditions of the respective Charter Contract in text form before the Client confirms it. Where the flight is an empty-leg flight or the Charter Contract is subject to the consent of the owner or operator of the aircraft, AviScout draws attention to this separately.

(1) In the event of Cancellation the Client bears the cancellation costs charged by the airline under the respective Charter Contract as well as AviScout's remuneration. (2) Where the Client is an entrepreneur, it owes in total at least the following share of the bank transfer price. Decisive is the receipt of the declaration of Cancellation by AviScout, measured against the first date of departure provided for in the Charter Contract: from conclusion of the contract up to and including 43 days before the first date of departure: 25 %; 42 up to and including 15 days: 50 %; 14 up to and including 8 days: 75 %; 7 up to and including 3 days: 90 %; less than 3 days before the first date of departure and in the event of no-show: 100 %. (3) Where the Client is a consumer, it owes the amounts arising under paragraph 1. As long as the airline has not yet invoiced its cancellation costs, AviScout is entitled to apply them provisionally in accordance with the scale in paragraph 2. Final settlement takes place once the airline's invoice is available; any surplus is refunded in accordance with paragraph 7. (4) The Client expressly retains in every case the right to prove that the total expense incurred — the airline's cancellation costs plus AviScout's remuneration and expense — is substantially lower than the amount under paragraph 2. If it furnishes such proof, it owes only the lower amount proven. (5) Where the cancellation costs actually charged by the airline plus AviScout's remuneration exceed the amount under paragraph 2, the entrepreneurial Client also owes that higher amount. On request AviScout evidences the cancellation costs in accordance with clause 8.4. (6) AviScout is entitled to waive the cancellation costs or the remuneration in whole or in part in an individual case. There is no entitlement to such a waiver; a waiver in an individual case does not give rise to any entitlement for future orders. (7) Payments already made are credited. AviScout refunds any remaining credit balance without undue delay, at the latest within fourteen days after the airline's cancellation costs have been established.

AviScout's claim to remuneration for brokering the Charter Contract arises upon its conclusion and is unaffected by a cancellation, termination or rescission.

Where AviScout is bound by confidentiality towards the airline, the evidence under clauses 4.4, 6.3 and 8.2 is not provided by producing the airline's documents but by confirmation from an auditor or tax adviser nominated by the Client and bound by professional secrecy. That person is granted access to the underlying documents and confirms to the Client solely the amounts charged. The costs are borne by the Client unless the review reveals a discrepancy to its detriment.

AviScout is not liable for the non-operation, delay, diversion or deviation of the brokered flight. The obligation to carry rests solely with the airline.

Where the flight cannot be operated, cannot be operated on time or cannot be operated as intended for reasons for which AviScout is not responsible — in particular due to technical unfitness of the aircraft, weather conditions, strike, official order, airspace closure, non-allocation, late allocation or withdrawal of slots, parking positions or approvals (PPR), unavailability of crew, exceedance of flight duty times, a decision of the owner or operator of the aircraft or other cases of force majeure — AviScout will inform the Client without undue delay and, at the Client's request, endeavour to broker a replacement flight. There is no entitlement to the brokerage of a replacement flight on unchanged terms.

The airline is entitled to deploy an aircraft other than the one stated in the offer, provided it is equivalent in capacity and equipment. Any resulting additional price is payable only with the Client's prior consent.

AviScout forwards refunds from the airline to the Client without undue delay upon receipt. Where the non-operation is due to a circumstance for which neither the Client nor AviScout is responsible, the amount is forwarded in full; otherwise less AviScout's remuneration and the costs advanced by AviScout, to the extent these are not themselves reimbursed.

AviScout is neither a vicarious agent nor an assistant of the airline. AviScout accepts no co-liability for breaches of contract and/or of law by the airline or by third parties engaged by it.

AviScout is liable without limitation (i.) for intent or gross negligence, (ii.) for injury to life, body or health, and (iii.) under the provisions of the German Product Liability Act.

In the case of a slightly negligent breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely („cardinal obligation“), AviScout's liability is limited in amount to the damage that is foreseeable and typical for the type of transaction in question („brokerage of charter contracts“).

Any further liability of AviScout is excluded. Liability for fraudulent intent and under guarantees assumed remains unaffected.

The above limitation of liability also applies to the personal liability of AviScout's employees, representatives and corporate bodies.

Where the Client is an entrepreneur, its claims against AviScout become time-barred within twelve months from the commencement of the statutory limitation period. This does not apply to claims under clause 10.2, to claims for breach of material contractual obligations, or to claims for which the law mandatorily provides for longer periods.

Where the Client is a consumer, the statutory limitation periods apply.

The parties undertake to treat the content of the brokerage contract as confidential, to the extent not strictly necessary for its performance, as well as other information concerning the conclusion or performance of these agreements.

Excepted from this obligation is confidential information which was demonstrably already known to the recipient at the time the brokerage contract was concluded or subsequently becomes known from a third party without thereby breaching a confidentiality agreement, statutory provisions or official orders; which is publicly known at the time the brokerage contract is concluded or subsequently becomes publicly known, unless this results from a breach of this contract; or which must be disclosed on the basis of statutory obligations or by order of a court or authority. To the extent permissible and possible, the recipient obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure.

The controller for the processing of personal data within the scope of the brokerage contract is AviScout GmbH & Co. KG, Heinrich-Kappus-Weg 17, 61440 Oberursel (Taunus), e-mail mail@aviscout.com. AviScout processes personal data in compliance with the General Data Protection Regulation, the German Federal Data Protection Act and other applicable provisions.

The transfer of personal data of the Client and the passengers to the airline, to handling agents, airport operators and other service providers involved in operating the flight, as well as to border, customs, immigration and aviation security authorities, is necessary for the performance of the brokerage contract and the Charter Contract and for compliance with legal obligations. It takes place on the basis of Article 6(1)(b) and (c) GDPR. Consent is not required for this.

Where carriage is to or via a third country, a transfer of personal data to that country may be necessary. It takes place for the performance of the contract pursuant to Article 49(1)(b) GDPR; otherwise AviScout takes the measures required under Chapter V GDPR.

AviScout is entitled to screen the details of the Client and the passengers against sanctions lists and to carry out the checks necessary to comply with sanctions, anti-money-laundering and export-control obligations. The legal basis is Article 6(1)(c) GDPR in conjunction with the directly applicable sanctions provisions of the European Union and Article 6(1)(f) GDPR.

Where the Client transmits personal data of passengers or other third parties to AviScout, it is responsible for ensuring that it is entitled to transmit such data and that those persons are informed of the processing by AviScout. For this purpose AviScout makes available to the Client the information attached as Annex 3, which it may pass on to the data subjects. The Client indemnifies AviScout against third-party claims based on a breach of these obligations for which the Client is responsible.

AviScout erases personal data as soon as it is no longer necessary for the stated purposes. Commercial and tax law retention obligations, in particular under section 257 of the German Commercial Code and section 147 of the German Fiscal Code, remain unaffected; depending on the type of document the periods are six to ten years.

The Client has the right vis-à-vis AviScout to information, rectification, erasure, restriction of processing and data portability, as well as the right to object to processing pursuant to Article 21 GDPR. It further has the right to lodge a complaint with a data protection supervisory authority.

Further information on the processing of personal data is contained in AviScout's privacy notice, available at https://www.aviscout.com/datenschutz.

Where the Client uses messenger services at its own request pursuant to clauses 3.4 to 3.6, the provider of that service processes content and metadata of the communication, where applicable also in third countries. The legal basis is Article 6(1)(b) GDPR; details are contained in the privacy notice.

Either party may terminate the brokerage contract at any time. Termination by the Client does not affect a Charter Contract already concluded or the obligations arising from it, including any cancellation costs; clause 8 applies.

After conclusion of a Charter Contract, termination by AviScout is permissible only for good cause. Good cause is deemed to exist in particular in the case of the Client's default in payment, indications of a breach of sanctions, anti-money-laundering or export-control provisions, and justified security concerns.

Expenses already incurred and cancellation costs are borne by the Client to the extent they are based on a circumstance within its sphere. AviScout's claim to remuneration is otherwise determined by section 628(1) of the German Civil Code.

The right of either party to terminate for good cause remains unaffected.

Where the Client is a consumer and the brokerage contract is concluded by means of distance communication, the Client has a statutory right of withdrawal in accordance with the instructions on withdrawal attached as Annex 1. A model withdrawal form is attached as Annex 2.

The Client may expressly request that AviScout begin the brokerage service before expiry of the withdrawal period. In that case the right of withdrawal lapses upon complete performance of the brokerage service if AviScout began performance only after the Client gave its express consent and at the same time confirmed its awareness that it loses its right of withdrawal upon complete performance of the contract by AviScout. The brokerage service is completely performed as soon as the Charter Contract between the Client and the airline has come into existence.

The right of withdrawal relates exclusively to the brokerage contract with AviScout, not to the brokered Charter Contract with the airline. A Charter Contract already concluded is not affected by withdrawal from the brokerage contract; the cancellation conditions of clause 8 apply to it.

AviScout is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Contracts between AviScout and the Client are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Where the Client as a consumer has its habitual residence in another state, it nevertheless retains the protection of those provisions from which no derogation is permitted by agreement under the law of that state.

Where the Client is a merchant, a legal person under public law or a special fund under public law, or where the Client has no general place of jurisdiction in Germany or relocates its domicile or habitual residence abroad after conclusion of the contract, the place of jurisdiction for all disputes arising from contractual relationships between the Client and AviScout is AviScout's registered office. AviScout is also entitled to sue the Client at its general place of jurisdiction.

Individual agreements between AviScout and the Client take precedence over these General Terms and Conditions; they are effective without any formal requirement. Amendments and supplements to the brokerage contract require text form; this also applies to any amendment of this text form clause. AviScout is entitled to amend these General Terms and Conditions for future brokerage orders; the version applicable at the time the order is placed governs the individual brokerage contract.

The language of the contract is German. Translations of these General Terms and Conditions and of contracts concluded on their basis serve information purposes only. In the event of deviations or contradictions between the German version and a translation, the German version alone is authoritative.

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid provision.

Annex 1: Instructions on withdrawal · Annex 2: Model withdrawal form · Annex 3: Information for passengers on the processing of personal data

Translation. The German version is authoritative (clause 17.4).