Terms and Condition

Terms and Condition Privat Charter Brokerage

Preamble

Blue Wavez Jet Service | Dittmar Wilfling with its registered office in Lena-Christ-Str. 19, 83451 Piding Germany (hereinafter referred to as Blue Wavez Jet Service) runs the internet portal www.blue-wavez.com. On this internet portal different excursion services of different service providers are offered by Blue Wavez Jet Service as an intermediary. The following conditions apply to the intermediary services of Blue Wavez Jet Service for excursion services of the different service providers. Please also note the respective General Terms and Conditions (travel and payment conditions) as well as pre-contractual information of the responsible service provider in the service description.

I. Contents of contract, Conclusion of contract

• (1) An agency contract is concluded between the customer and Blue Wavez Jet Service. The customer instructs Blue Wavez Jet Service to arrange Business Flights or other travel services of the respective service provider. Blue Wavez Jet Service only acts as an agent for the offered services and does not offer or provide the services in its own name. • (2) The offers presented by Blue Wavez Jet Service on the above mentioned internet portal do not represent a binding offer by Blue Wavez Jet Service or the respective service provider. By entering his data and sending the online booking form to Blue Wavez Jet Service, the customer submits a binding contract offer to the respective service provider and simultaneously instructs Blue Wavez Jet Service with the intermediary service. After sending the booking form, the customer receives by e-mail at the e-mail address indicated by him a booking confirmation, which confirms the booking order. • (3) The reservation number will be sent with the booking confirmation to the customer for presentation to the corresponding excursion provider. • (4) The customer shall immediately check the correctness of any confirmation send to him by Blue Wavez Jet Service and inform Blue Wavez Jet Service of any discrepancies found in order to avoid damage.

II. Payment

The payment of the booked Services must be made in advance of the final booking

III. Limitation of liability

The liability of Blue Wavez Jet Service for damages, which are not based on injury to life, body or health, is limited to the typically foreseeable damage, maximum for each individual case up to the total price of the arranged excursion service per person, as far as the damage is not based on intent or gross negligence and does not refer to such obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer as contractual partner may regularly rely. The above limitation of liability does not apply to claims under the Product Liability Act or any other statutory guarantee liability.

IV. Notes on obligations of the customer

The customer is advised that the general terms and conditions (travel and payment conditions) of the service provider may establish special obligations of the customer.

V. Shortening of the limitation period

• (1) The claims of the customer against Blue Wavez Jet Service arising from the intermediary contract, deviating from the legal regulations, become statute-barred within one year, unless it concerns damages which are based on the injury of life, body or health or such which are based on a grossly negligent breach of duty by Blue Wavez Jet Service or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Blue Wavez Jet Service. • (2) The limitation period begins at the end of the year in which the claim arose and the client becomes aware of the circumstances substantiating the claim and the person of the debtor or should have become aware of them without gross negligence.

VI. Consumer arbitration board / OS platform

• (1) Blue Wavez Jet Service is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in dispute resolution proceedings before a consumer arbitration board. • (2) Blue Wavez Jet Service hereby draws the customer‘s attention to the platform operated by the EU Commission at http://ec.europa.eu/consumers/odr/ for the online settlement of consumer disputes.

VII. Final provisions

• (1) The contract is subject to German law. • (2) Place of performance is the registered office of the travel agent Blue Wavez Jet Service • (3) If the parties are fully qualified merchants under German law or in the event that the customer has no general place of jurisdiction in Germany, or in the event that the party to be sued moves its domicile or habitual residence outside the scope of this law after conclusion of the contract or its domicile or habitual residence is unknown, Munich is agreed as the place of jurisdiction.


Status: 01.01.2020
Blue Wavez Jet Service
Dittmar Wilfling
Lena-Christ-Str. 19 | 83451 Piding
Telephone: +49 (0) 157 31628503
e-mail: dataprotection@blue-wavez.com
www.blue-wavez.com

© 2020

Terms and Condition Cargo Brokerage

Preamble

Blue Wavez Jet Service | Dittmar Wilfling located at Lena-Christ-Str. 19, 83451 Piding Germany (hereinafter referred to as Blue Wavez Jet Service or Broker). Blue Wavez Jet Service acts as an intermediary (broker) and offers, in compliance with all standard business practices, the brokerage of air, sea and land vehicles for the transportation of goods. The following terms and conditions apply to the brokerage services provided by Blue Wavez Jet Service. Please also refer to the respective general terms and conditions (travel and payment conditions) as well as the pre-contractual information of the responsible service provider in the service description.

1. Area of application

1.1. The Broker shall arrange transport contracts for individual or related transport services, primarily flight services, between the carrier or service provider on the one hand and the consignor on the other hand. The Broker shall provide his services in accordance with the legal provisions, with the diligence of a prudent businessman.
1.2. The General Terms and Conditions shall be considered agreed upon, if they are transmitted - before the consignor is bound to a contract by a contractual declaration - or the consignor was able to view their content - before he is bound to a contract by a contractual declaration - and shall be the basis of the agency agreement concluded between the Broker and the consignor.
1.3. The present General Terms and Conditions shall apply to the agency agreement (cf. item 1.2). The respective General Terms and Conditions shall apply to contractual relationships between the transferor and the brokered transporter, the brokered transport companies (e.g. train, bus, airplane and ship) and other brokered service providers, insofar as they are transmitted to the transferor - before he is bound to a contract by a contractual declaration - or the latter has been able to inspect their contents - before he is bound to a contract - and the contents of the General Terms and Conditions are not unlawful or violate existing law.
1.4. The offers presented by Blue Wavez Jet Service on any Internet portals and presences do not constitute a binding offer by Blue Wavez Jet Service or the respective service provider.
1.5. The claim for services exists exclusively against the service provider (contractual partner) and not against the broker.
1.6. Information about the customer's obligations
1.7. The customer is informed that the general terms and conditions (transport and payment conditions) of the service provider may establish special obligations of the customer.

2. Content of the contract, conclusion of the contract

2.1. The order can be placed digitally (internet portal, email, etc.) or by telephone. The customer submits a binding contract offer to the respective service provider and at the same time commissions Blue Wavez Jet Service with the brokerage service.
2.2. With the transmission of the data to Blue Wavez Jet Service, a binding brokerage contract is agreed upon between the customer and Blue Wavez Jet Service. The customer commissions Blue Wavez Jet Service with the brokerage of transport flights or other transport services of any service provider.
2.3. The Broker shall prepare non-binding proposals for the Carrier based on the information provided by the Carrier. On the one hand, the transport proposals shall be based on the information provided by the transferor, which is why incorrect and/or incomplete information provided by the traveler - in the absence of clarification by the transferor - may also be the basis of the transport proposals. On the other hand, when making suggestions or selecting carriers or service providers, the amount of the price, professional competences of the service provider, discounts, the best price principle, and others may be used as parameters. In case of placement of a certain aircraft, Blue Wavez Jet Service reserves the right to replace it with an equivalent one (regardless of callsign and or aircraft type). For example, due to an AOG.
2.4. Blue Wavez Jet Service acts only as an agent for the services offered and does not offer or provide the services in its own name.
2.5. After sending the booking form, the customer will receive an order confirmation by e-mail to the e-mail address provided by him/her.
2.6. If the Shipper has a concrete interest in one of the proposals submitted to him by the Broker, then the Broker shall prepare a corresponding offer based on the proposal.
2.7. In order for a contract to be concluded between the Carrier or between the Service Provider and the Carrier, the offer must be accepted by the Carrier (= declaration of contract by the Traveler, see 1.3).
2.8. The contract shall be deemed concluded as soon as any claims made in advance by the service provider have been settled by the transferor and the booking confirmation has been issued by the service provider.
2.9. The customer is obligated to immediately check the accuracy of the confirmation sent to him/her by Blue Wavez Jet Service and to inform Blue Wavez Jet Service of any discrepancies found in order to avoid damages.

3. Payments and entitlement to remuneration of the broker and the service providers

3.1. Service providers
3.1.1. Settlement of the claims arising from the booked services shall be made by the Client prior to the final booking in accordance with the GTCs of the service providers.
3.1.2. Cancellation scales and fees are specified in the General Terms and Conditions of the service provider.
3.2. Travel agent
3.2.1. The travel agent shall be entitled to a reasonable fee for his services. 1.2.2 The fee shall be calculated on the basis of the service provider's general terms and conditions.
3.2.2. The remuneration shall be determined individually in accordance with the offer.
3.2.3. If the goods are not transported due to the service provider, the broker shall be entitled to the agreed commission in full, even if there is a cancellation refund by the service provider.
3.2.4. The commission shall be due in full even if the service is not provided by the contractual partner (service provider).

4. Liability

4.1. The Broker shall not be liable for property damage and financial losses of the consignor that arise in connection with the booking, insofar as they are not attributable to a lack of due diligence on the part of the Broker (e.g. typing errors).
4.2. The Broker shall not be liable for the provision of the service brokered by him or for the provision of a service which has not been brokered by him or which he has not agreed to broker to the consignor or for services booked by the consignor independently on his own responsibility.

5. Shortening of the limitation period

5.1. Notwithstanding the statutory provisions, the Client's claims against Blue Wavez Jet Service arising from the brokerage contract shall become statute-barred within one year, unless the damage is based on injury to life, body or health or such damage is based on a grossly negligent breach of duty by Blue Wavez Jet Service or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Blue Wavez Jet Service.
5.2. The limitation period shall commence at the end of the year in which the claim arose and the Client became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence.

6. Consumer arbitration board / OS platform

6.1. Blue Wavez Jet Service is not obligated to participate in any dispute resolution proceedings before a consumer arbitration board and does not participate in any dispute resolution proceedings before a consumer arbitration board.

7. Final provisions

7.1. The contract is subject to German law.
7.2. The place of performance is the registered office of the broker Blue Wavez Jet Service.
7.3. If the parties are registered traders according to German law or if the customer does not have a general place of jurisdiction in Germany or if the party to be sued moves his domicile or usual place of residence out of the area of application of this law after conclusion of the contract or if his domicile or usual place of residence is not known, Munich is agreed as the place of jurisdiction


Status: 01.01.2020
Blue Wavez Jet Service
Dittmar Wilfling
Lena-Christ-Str. 19 | 83451 Piding
Telephone: +49 (0) 157 31628503
e-mail: dataprotection@blue-wavez.com
www.blue-wavez.com

© 2020