Preamble
CHS Central Helicopter Services AG (CHS) operates a helicopter base at Airport Buttwil in Switzerland.
By booking a helicopter flight with CHS, the passenger or the party ordering a flight (referred to below as the «Client») accepts the following General Terms and Conditions («GTC»). The provisions regarding transportation stipulated by national and international aviation law shall be subsidiarily applicable.
I. General provisions
1. Scope of validity of the General Terms and Conditions of CHS
These General Terms and Conditions apply to all transport operations which a Client agrees with CHS. Any divergences must be stated in writing in order to be valid.
2. Conclusion of contract
The transport contract shall come into being when a booking is made in writing or verbally. For the purposes of proof, CHS may confirm a verbal booking in writing.
3. Prices and due dates
3.1 All prices are understood to be in Swiss francs.
3.2 Price lists, information stated in brochures and media advertisements, etc. shall be valid for the relevant calendar year in each case.
3.3 The right to adjust prices is reserved in case of increases in the costs of kerosene, aviation/pilots‘ licenses, landing fees and the like.
3.4 Unless advance payment was agreed, a payment period of 30 days after submission of invoice shall apply. The Client shall be in default on the 31st day, without a reminder. The default interest rate is 5%.
3.5 If advance payment was agreed but not effected, CHS may refuse to perform the transport operation.
3.6 Vouchers are valid for a period of two years. They will not be paid out in cash. Campaign offers cannot be accumulated with other discounts in any case.
4. Choice of base/landing site/airport and helicopter
4.1 CHS shall determine the base/landing site/airport that is suitable in order to perform the contract.
4.2 CHS shall determine a suitable helicopter.
4.3 CHS is entitled to have the transport operation performed by a third party under the same conditions for the Client.
5. CHS‘s right to issue instructions
5.1 The pilot, acting as the commander of the aircraft, shall be authorized to issue instructions to all Clients. All Clients must follow his instructions and the instructions of any other member of the crew.
5.2 Should a Client not follow such instructions, he shall be liable for the consequences of his behaviour.
II. Transport of persons
6. Type of helicopter
The type of helicopter selected when the booking is made shall not be binding. CHS shall be entitled to deploy a different type of helicopter without any increase or reduction in cost to the Client.
7. Round-trip flights
Round-trip flights are subject to a minimum number of participants.
8. Tickets
8.1 CHS shall issue individual or group transportation tickets before the flight.
The tickets shall state the scope of the limitations on liability for death and physical injuries, destruction, loss or damage of luggage, and delays.
8.2 If unusual circumstances make it impossible for CHS to issue a ticket, the limitations stipulated in these General Terms and Conditions shall apply.
9. Luggage
9.1 CHS shall transport luggage subject to the availability of space and to compliance with safety regulations.
9.2 The maximum dimensions of one piece of luggage must not exceed 80 x 40 x 20 cm.
The weight of the luggage must not exceed 20 kg per Client. When several Clients travel in one group, the weight limits may be aggregated.
9.3 For reasons of safety (e.g. due to weight limits), CHS may arrange to have the luggage brought separately to the agreed destination by road transport. The costs of such transport shall be paid by the Client.
9.4 When booking, the Client shall inform CHS should his luggage include any valuables and sensitive equipment or items. The Client may have to pay a surcharge or may need to take out special insurance according to the circumstances.
10. Delays, cancellation, program changes by CHS
10.1 CHS reserves the right to cancel a flight due to technical and/or meteorological and/or operational reasons.
10.2 If the flight is delayed or postponed due to technical, meteorological or operational reasons, or for other reasons over which CHS has no control, CHS shall not be liable for any damage or loss.
10.3 A change to the program or route due to technical, meteorological or operational reasons shall neither increase nor reduce the price.
10.4 Should CHS have to abort a flight prematurely for technical or meteorological reasons, CHS shall transport the passenger, at CHS’s option, by another helicopter or any other means of transport either back to the starting point or to the destination, as soon as possible. If a return to the starting point is chosen, CHS shall re-arrange the flight as soon as possible. Should CHS take the Client to the destination by any other means of transport, CHS shall pay the costs. Any further claims shall be excluded.
10.5 If, prior to departure, CHS points out to the Client that the flight may have to be aborted for meteorological reasons, and should the Client accept this risk, the Client shall pay for the rest of the journey to the destination and/or his return to the starting point by any other means of transport. Even if the flight is aborted, the Client shall owe CHS the price agreed for the transportation.
10.6 If the flight is cancelled due to reasons for which the Client is not responsible, CHS shall refund the price paid for the booking/package if it was impossible to offer an appropriate substitute service at the location. Any further claims shall be excluded.
For round trips and any flights based on a voucher, the flight shall be deferred to a later time. Any further claims shall be excluded.
10.7 Should CHS be culpably in default, the Client must set an appropriate additional grace period for performance by CHS. Claims for compensation of damages may be asserted only if CHS‘s default was due (at least) to gross negligence on CHS‘s part. The same shall apply if CHS is unable to perform due to reasons for which CHS is responsible. Liability is limited to direct damage or loss in both cases. Any further obligation to pay compensatory damages is explicitly excluded.
11. Delay, cancellation, program changes by the Client
11.1 Should departure be delayed because the Client is not ready to board at the agreed time, CHS may cancel the flight after an appropriate waiting period, in which case the agreed price of transportation shall be due.
11.2 In case of cancellation, the Client shall make the payments stated below:
15 – 2 days before scheduled time of flight: 50% of total price
24 hours before scheduled time of flight (including «no show»): 100%
11.3 The prices of transportation, packages and/or individual/separate services do not include insurance for cancellation costs. The Client is advised to take out appropriate insurance unless such cover is already in place.
11.4 If the Client makes changes to the program (e.g. as regards timing or route), CHS reserves the right to adjust the price.
12. Flights to foreign countries / travel documents
For international flights, the Client shall be responsible for carrying with him the required travel documents (passport) and any exit and entrance permits (visas). Should an authority refuse him exit or entry, the Client shall be responsible for paying the costs and any fines.
13. Liability for personal injuries and damage to luggage
13.1 In case of an accident, CHS shall be liable for personal injuries and damage to luggage in accordance with the provisions of the Federal Decree on Air Transportation (LTrV) and the applicable international regulations (the Montreal Convention and European Council Regulations nos. (EC) 2027/97, (EC) 889/2002, (EC) 785/2004 and (EC) 285/2010.
13.2 Insofar as permissible, liability is limited to gross negligence or intent.
13.3 CHS is relieved of liability to the extent that it proves that the Client or a third party caused or contributed to the damage or loss by violation of duties or by any other unlawful action or omission.
13.4 In case of death and physical injury, CHS shall be liable for damages up to the sum of 100,000 in special drawing rights per Client.
In addition, CHS shall be liable for proven damage or loss unless it can demonstrate that such damage or loss is not attributable to violation of duties or to any other unlawful action or omission on the part of its employees or authorized representatives, or that the damage or loss is solely attributable to violation of duties by a third party.
13.5 In case of death and physical injury, CHS shall provide immediate financial assistance within 15 days to the natural persons entitled to compensatory damages as specified by Art. 15, LTrV. In case of death, this shall amount to 16,000 in special drawing rights.
13.6 If, in case of an accident involving personal injury, CHS contractually offers the Client or the Client‘s relatives a payment in compensation of damages which is higher than the statutorily due amount, or if CHS waives exonerating evidence, such offer and waiver shall only apply in respect of the victim and not in respect of social security or other insurers seeking recourse.
13.7 If, in addition to liability insurance, CHS has taken out passenger accident insurance in the Client‘s favour, and if the latter insurance pays compensation in case of an accident involving personal injury, CHS shall deduct the payments made under the accident insurance from the victims‘ liability claims.
13.8 Liability for damage to checked luggage in case of destruction, loss or damage is limited to an amount of 1000 in special drawing rights per Client. If the Client declared a higher value when making the booking and paid the required surcharge for same where applicable, liability shall extend to the amount stated unless CHS proves that such amount exceeds the Client‘s actual interest in the items to be delivered. Liability shall lapse for damage due to the special nature of the luggage or any inherent defect therein.
13.9 Liability for damage or loss in case of delayed transportation is limited to 4150 in special drawing rights per Client and 1000 in special drawing rights per item of luggage. Liability shall lapse if CHS proves that its employees and authorized representatives took all reasonable measures to prevent the damage or loss or that it was impossible for such persons to take such measures.
13.10 If CHS does not transport the luggage by helicopter but instructs a third party to transport it, CHS shall not be liable for any loss/damage due to or during the said transport.
14. International flights /import and export documentation
14.1 The Client shall obtain all import and export documentation that is required for international cargo transport.
14.2 For international flights, applicable foreign regulations for the operation of a helicopter may vary from Swiss regulations.
III. Severability clause, applicable law and place of jurisdiction
15. Severability clause
If individual provisions of these General Terms and Conditions should be ineffective, this shall not detract from the effectiveness of the other provisions. An ineffective provision must be interpreted, reformulated or amplified in such a way as to achieve the intended purpose thereof, insofar as this is permitted by the law.
16. Applicable law and place of jurisdiction
All transport contracts with CHS, including international contracts, are governed by Swiss law.
The legally binding version of these GTC is the German version. If versions in other languages contain contradictions, misunderstandings or errors due to translation, the German version shall be valid in case of doubt.
The place of jurisdiction shall be Lucerne.