General Terms and Conditions

These General Terms and Conditions govern the rights and obligations between Top CLASS Jets a.s., ID: 17886384, with its registered office at Žitavského 496, Zbraslav, 156 00 Prague, Czech Republic (from now on referred to as the “Provider”) and the Client in the provision and provision of domestic and foreign commercial flights.

Definitions and terms

The terms used in the General Terms and Conditions have the following meaning:  General Terms and Conditions mean these General Terms and Conditions.
Flight confirmation means a document with the stated Flight Schedule and other important flight details, including related services.
Client means the person or business company specified in the Flight Confirmation document.
Carrier means an aircraft operator with a valid commercial air transport certificate.
Flight price means the price Client is obliged to pay with the services provided by Top CLASS Jets a.s., the Carrier or their subcontractors specified in the Flight Confirmation document and set on the relevant invoice(s).
Flight schedule means the flight or flights defined by the place of departure and the location of arrival, together with the details of the dates and times of departures and arrivals specified in the Flight Confirmation document.
Scheduled departure time (STD) means the scheduled departure time stated in the Flight Schedule.
Written notification means a notification of the Provider or the Client made by email or letter unless otherwise agreed in writing between the parties.  
Passenger means any person traveling on board the aircraft, excluding flight crew members or representatives of the Carrier.

2. Definition of the subject of the contract

2.1. In particular, to arrange for the Client a domestic or international commercial flight according to the Client’s requirements as recorded in the Flight Confirmation, either through its means (aircraft and flight personnel) or through a third party – the Carrier. The Client is obliged to pay the Provider the Flight Price for its services, to comply with generally binding legal regulations relating to flight safety, to comply with the conditions agreed between the Provider and the Client, and to arrive on time for departure.
2.2. The Client acknowledges that the Provider can fulfill its obligation through a third party – the Carrier. 
2.3. The fulfillment of the flight schedule is subject to the Carrier’s conditions of carriage, which the Provider shall provide to the Client upon request.

3. Contract

3.1. If the Client expresses interest in the realization of the flight, the Contract shall be deemed concluded only upon confirmation of the Provider’s demand or previous offer by sending the Flight Confirmation to the Client. The conditions specified in the Flight Confirmation are deemed to be those agreed upon by the Contracting Parties. The arrangements in the Flight Confirmation take precedence over the provisions in the General Terms and Conditions. If a framework contract has been agreed upon between the parties, then the provisions of the framework agreement take precedence over the General Terms and Conditions, and the data contained in the Flight Confirmation take precedence over both the framework agreement and the General Terms and Conditions.

4. Cost of the flight

4.1. The Flight Price is the price stricken the Flight Confirmation. The Client is obliged to pay this price to the Provider. 
4.2. The Provider must issue the Client a proper tax document with all requisites for the Flight Price. 
4.3. All Client payments to the Provider shall be deemed to have been made on the day they are credited to the Provider’s account. 
4.4. Unless otherwise agreed, the Flight Price includes the rental and use of the aircraft, fuel, flight crew, ground handling fees, landing and departure fees, and services specified in the Flight Confirmation. 
4.5. All other costs, in particular, de-icing, special license fees, special customs clearance fees, license fees, fees for operation outside standard airport hours, costs for the use of on-board satellite telephone and an internet connection, any other costs incurred or requested by the Client shall be borne by the Client. The Client is obliged to pay all additional and additional costs to the Provider based on an invoice issued by the Provider.
4.6. The Provider reserves the right to deny the provision of services until the Flight Price is paid. If the Flight Price is not paid correctly and on time, the Provider reserves the right to withdraw from the Contract unilaterally. Suppose the Provider withdraws from the Contract due to the Client’s delay in paying the Flight Price according to the previous sentence. In that case, the Client must pay the Provider cancellation fees in the amount specified in Article 10.2., depending on the withdrawal time. Any other claims of the Provider against the Client, in particular claims for damages or other harm based on the Client’s failure to fulfill its obligations towards the Provider, are not affected by the withdrawal from the contract or the payment of cancellation fees. The above applies in the event of the opening of insolvency proceedings against a client. 
4.7. Unless expressly agreed otherwise, the Client is obliged to make all payments using a cashless bank transfer. The Client is also entitled to pay its obligations towards the Provider using a payment card, in which case the Client is obliged to pay the Provider a transaction fee for payment by card, the amount of which will be stated in the Flight Confirmation or the issued invoice.

5. Other obligations of the Provider

5.1. Besides the above obligations, the Provider must:
5.1.1. Securing the aircraft; 
5.1.2. provision of aircraft crew, including the pilot;
5.1.3. provision of slots for departure and arrival at specific airports related to a specific flight;

5.1.4. preparation and provision of all documentation that is essential for the performance of the flight.

6. Other obligations of the Client

6.1. The Client must pay its obligations to the Provider correctly and on time. 
6.2. The Client is obliged to provide the Provider with information about the persons who will participate in the flight, i.e., in particular names, dates of birth, nationality, travel document number, and expiration date (or photocopies of travel documents) sufficiently in advance. But no later than 48 hours before the scheduled departure of the aircraft (if the flight is ordered in advance, without undue delay). 
6.3. The Client is obliged to ensure that the Passengers arrive for the departure of the aircraft sufficiently in advance. If the Passenger does not arrive for departure sufficiently in advance and thus causes the loss of the provision of services, this fact does not affect the Client’s obligation to pay the Flight Price. 
6.4. The Client and the Passenger are obliged to act during the flight so as not to cause damage to the property of third parties, particularly the aircraft on which the flight will be operated. The Provider is not liable to the Client or other Passengers for any damage caused to them by the Client or other Passengers while providing services by the Provider. 
6.5. The Client acknowledges and undertakes to comply in the airport area and during the flight with the obligations stipulated by generally binding legal regulations, international regulations applicable to civil aviation, and the requirements set by the Carrier. The Client is responsible for ensuring that both the Client and the Passengers fulfill these obligations. The Provider must instruct the Client on the obligations arising from generally binding legal regulations, international regulations applicable to civil aviation, and the requirements of a particular Carrier upon request. 
6.6. Both the Client and the Passenger must board with valid travel documents, have the required vaccinations, meet all conditions for entry into the destination country (ies), and be sober. 
6.7 The Client must ensure that all Passengers (except children under two years of age) are medically fit to board and disembark from the aircraft without any other necessary assistance or medical accompaniment. Or to state at the latest when booking the flight that there will also be Passengers with health or movement restrictions on the flight so that medical fitness for the flight can be assessed and that they are provided with sufficient facilities and assistance. Pregnant passengers – women with a high-risk pregnancy or pregnancy after the 28th week at the time of the flight are obliged to state to the Provider their status and whether any additional assistance is needed for the safe execution of the flight at the time of booking the flight at the latest. In case of failure to provide or conceal information about the health condition of Passengers, the Provider is entitled not to accept the Passenger for the flight if their health condition is unfit. Suppose such a refusal causes a complete cancellation of the flight or its part. In that case, such cancellation is considered a cancellation by the Client with the application of cancellation fees in the amount specified in Article 10.2.

7. Irregularities and confusion of aircraft

7.1. If the aircraft is not listed in the Flight Confirmation as capable of performing the flight following the Flight Confirmation, the Carrier is entitled to unilaterally replace the aircraft unilaterally, always in such a way that the aircraft is capable of performing the agreed flight. Suppose it is impossible to secure a replacement aircraft from the Carrier that was supposed to operate the flight. In that case, the Provider can offer the Client an alternative from another Carrier. If the flight will be operated by a replacement aircraft, the agreed Flight Price does not apply, and the confirmation of this new offer means the conclusion of a new contract. If the Client rejects the alternative offered by the Provider, this rejection is considered a withdrawal from the contract, and the contract will be terminated. In case of withdrawal from the contract by the procedure according to the previous sentence, the provision of Article 10 of these General Terms and Conditions shall be applied accordingly.
7.2. If the flight is operated by an alternative aircraft from another Carrier, the fulfillment of the flight schedule shall be subject to that Carrier’s carriage conditions. 
7.3. If the flight is not realized because the Client or Passenger did not show up for the departure sufficiently, provision No. 10 of these General Terms and Conditions shall be applied accordingly.
7.4. If the flight is delayed because the Client or the Passenger did not arrive at departure on time. If there are costs associated with such delay, the Client is obliged to pay these costs to the Provider. 
7.5. If the flight is operated only partially for reasons attributable to the Client or Passengers, the Client is still obliged to pay the Provider the Flight Price unless the Provider and the Client mutually agree otherwise. Suppose the Client requests to adjust the flight parameters for reasons attributable to the Client. In that case, the Provider shall examine the technical feasibility and propose the required (or partial) adjustment and the relevant adjustment of the Flight Price. To implement the modified program, a mutual, written agreement of the proposed conditions by the Client and the Provider is necessary.
7.6. Unlimited Right:
7.6.1. Refuse to carry the Passenger(s), baggage, or any part of the cargo;
7.6.2. Decide what cargo will be carried by aircraft;
7.6.3. Decide if and when the flight can be safely conducted and where and when the aircraft lands. 
7.6.4. If, due to force majeure or extraordinary circumstances, the aircraft is unable to land at the final destination according to the Flight Confirmation (destination airport), including positioning flights, and due to deviation from the route, the flight must be terminated at another airport, the carriage is considered terminated.

8. Baggage and animals on board

8.1. All cargo that the Client will transport must be packed accordingly. 
8.2. Weight limits and baggage dimensions depend on the aircraft type used, and the Client is obliged to verify these requirements. The Provider is not responsible for the fact that the cargo or part of the cargo of the Client/Passengers will not be admitted to air transport on the grounds that it does not meet the requirements of a particular type of aircraft or the Carrier.
8.3. The transport of dangerous goods and goods must comply with applicable IATA regulations, and the transport of such goods must be notified, consulted and approved in advance by the Carrier. There is no legal entitlement to the transport of dangerous goods. 
8.4. The carriage of live animals on board depends on the specific type of aircraft and the conditions of the Carrier. There is no legal entitlement to the carriage of animals on board. The carriage of animals on board is subject to prior notification to the Carrier and approval by the Carrier. The Client/Passenger is responsible for meeting all legal and veterinary conditions associated with transporting live animals on board and arriving at the final destination. In particular, the Client must provide all relevant veterinary documentation, vaccinations, and vaccination certificates. 
8.5. The Provider shall instruct the Client on specific conditions upon request.

9. Liability for damages

9.1 The Provider is not responsible for the non-performance of the flight or its delay for reasons beyond its control (force majeure), in particular for delays/cancellations of the flight due to the actions of third parties (strike of airport employees or cabin crew), bad weather, technical failure or aircraft accident.
9.2. The Provider and its associates, directors, employees, affiliates, agents, contractors, and legal representatives (collectively, the “Excluded Parties”) shall not be liable for any misconduct or breach of duty caused by the Carrier or other third parties resulting in injury, death, loss, a claim for damage, damage, accident, delay or any special, exemplary, punitive, incidental, or consequential damage of any kind,  whether it is a contractual or other claim arising from the use of services provided by the Provider, including, but not limited to:
9.2.1. any errors or delays resulting from the Client’s request;
9.2.2. failure of equipment (including aircraft) or any failure of hardware and software; 9.2.3. performance, partial execution, non-performance, or delayed performance of the flight program by the Carrier, or any services provided within the carriage,  including any accident or incident occurring during carriage;
9.2.4. any conduct, negligence, failure, omission, or negligence of the Carrier, its employees, agents, or service providers in the course of carriage;
9.2.5. any conduct, negligence, failure, omission, or negligence on the part of the Client or the Passengers.
9.3. The Client agrees that any claim for compensation arising from the performance of the flight program or part thereof (including delayed, partial performance, or non-performance) will be claimed against the Carrier following European Parliament Regulation No. 261/2004.
9.4. If the Client incurs damage due to a breach or failure to fulfill the obligation of the Excluded Parties that is not specified in Article 9.2, for which the Carrier is responsible, the Provider shall be liable to the Client for the damage incurred up to the maximum amount of the flight price. The Provider’s liability for damage or any other damage quantifiable over the price of the flight is excluded. 
9.5. The Client is obliged to act during the flight so as not to cause damage to the property of third parties, in particular to the aircraft by which the service will be provided. Suppose the Client or other passengers cause any damage during the performed service. In that case, any liability of the Provider for such damage is excluded, and the Client is solely and entirely responsible for such damage. In the event of any third-party claims related to damage caused by the Client or other Passengers, these are claims that can be asserted exclusively against the Client, not the Provider. These are damages and claims concerning, among other things:
9.5.1. any breach of conditions by the Client;
9.5.2. carriage of Passengers, their actions on board the aircraft, the validity of the relevant travel documents necessary for carriage and their non-compliance with these General Terms and Conditions,  the Carrier’s Conditions of Carriage, other rules and regulations applicable to their carriage;
9.5.3. damage to the aircraft affected by or caused by any conduct of the Client, Passengers, or their animals;
9.5.4 execution, partial execution, or non-performance of the flight program.
9.5.5 any other claims which are subject to paragraphs 9.2.1 to 9.2.5 above. The Client is liable for damage from his gross negligence or wilful misconduct.

10. Flight cancellation

10.1. The Client is entitled to unilaterally cancel the flight unilaterally, even without giving a reason. In the event of cancellation of the flight by the Client, the Client is obliged to pay cancellation fees to the Provider in the amount specified in Article
10.2. The Client is also entitled to cancel one or more sectors of the flight, in which case the Client is obliged to pay the Provider cancellation fees in accordance with the provisions set out in Art. 10.2. Unless otherwise stated in the confirmed order, the following cancellation fees will be charged in the event of cancellation of the confirmed flight by the Client:

          1. from 7 days before departure 500 EUR;
          2. less than seven days, but more than two days before departure, 40% of the flight price;
          3. less than 48 hours, but more than 24 hours before departure, 70% of the flight price;
          4. less than 24 hours before departure, 90% of the flight price;
          5. after the departure time specified in the contract, 100% of the flight price.

Suppose the Client has already paid the flight price. In that case, the Company shall refund the amount paid to the Client after deduction of the cancellation fee set following the above cancellation conditions within 14 working days of the Client’s cancellation of the confirmed flight. To refund the amount, the Company shall primarily use the same means of payment that the Client used to pay the flight price. If the Client has not yet paid the flight cost, the Company will issue an invoice to the Client for the amount of the cancellation fee determined according to the above cancellation conditions. The invoice will be sent to the Client electronically to the Client’s email address and is payable within five days from its issue date.

11. Confidentiality

11.1. The Provider and the Client undertake to maintain the confidentiality of all essential information (all sensitive information they have learned in connection with this Contract and its performance). In particular, the Provider maintains confidentiality about providing any services to the Client, when and where the Client was transported, who were any fellow passengers, and the flight’s price.  
11.2. In particular, the Client maintains confidentiality about the flight price. 
11.3. The obligation of confidentiality as described above applies mutatis mutandis to Passengers, employees, subcontractors, and business partners of the Client and the Provider.

12. Relations between the Provider and the Client

12.1. All relations between the Provider and the Client are subject to the laws of the Czech Republic, even if the claim (e.g., to cause damage) occurs in the territory of another state.
12.2. The general courts of the Czech Republic are competent to resolve disputes. 
12.3. All communication between the Provider and the Client shall be carried out by email or post. 
12.4. The Provider is entitled to send invoices (tax documents) to the Client electronically, with the effects of delivery of the original. The Client agrees with this method of sending tax documents.

These General Terms and Conditions are valid from 15.2.2023.