General Terms and Conditions

1. Scope and Contracting Parties

1.1 These General Terms and Conditions (hereinafter «Terms») apply to all contracts between Swiss Prestige Group KIG, Sandackerweg 51, 3089 Bern, Switzerland (hereinafter «SPG» or «we») and the customer (hereinafter «Customer» or «Client») concerning the organisation and provision of charter flights and related additional services.

1.2 SPG is not an air carrier and does not hold its own Air Operator Certificate (AOC). SPG does not operate any aircraft of its own and does not itself conduct any flights. SPG arranges charter flights that are carried out exclusively by independent, officially licensed air carriers (hereinafter «Operator»).

1.3 These Terms apply in the version in force at the time the contract is concluded. They are made available to the customer together with the offer and are deemed accepted upon booking confirmation.

1.4 Deviating terms of the customer apply only if SPG has expressly agreed to them in writing. The customer's general purchasing terms do not become part of the contract.

1.5 These Terms are made available in German, English, French and Italian. In the event of any contradiction or difference in interpretation between the language versions, the German version shall prevail.

2. SPG's Role as Charter Organiser

2.1 SPG is an independent, non-operating charter organiser (broker) and acts towards the customer as an independent provider of charter flights. SPG procures the aircraft or helicopter capacity required for the respective flight from suitable, officially licensed operators in its own name and for its own account, and offers this to the customer as its own, self-contained travel service on the terms agreed with the customer.

2.2 SPG provides the customer with, in particular, the following services:

• Recording and analysis of the customer's travel requirements
• Research, selection and procurement of suitable aircraft and operators
• Preparation of a binding offer and conclusion of the contract with the customer
• Instructing and coordinating the operator and overseeing the flight's execution
• Organisation of agreed additional services (e.g. catering, ground handling, transfers)
• Support for the customer before, during and after the trip

2.3 SPG concludes the contract with the customer in its own name and for its own account, and in turn engages the operator in its own name and for its own account. The customer does not enter into any direct contractual relationship with the operator; all claims in connection with the booking must be asserted exclusively against SPG.

2.4 The actual carriage is provided exclusively by the operator. The operator alone is responsible for carrying out the flight, the airworthiness of the aircraft, the qualification of the crew, and compliance with all aviation-law requirements.

2.5 The operator retains full and unrestricted operational control at all times. Decisions of the pilot in command regarding take-off, routing, stopovers, diversion or abandonment of a flight are binding on all parties and give rise to no claims against SPG.

2.6 On request, SPG will inform the customer, prior to departure, of the operating carrier as well as the aircraft type and registration.

3. Offer, Prices and Conclusion of Contract

3.1 Unless expressly stated otherwise, offers made by SPG are non-binding and subject to change. The availability and price of an aircraft may change up until binding confirmation.

3.2 The contract is concluded once the customer accepts the offer in writing (including by email) and SPG confirms the booking with a booking confirmation.

3.3 Unless otherwise stated in the offer, all prices are quoted in Swiss francs (CHF). Invoicing and payment may also be made, on request or as stated in the offer, in euros (EUR) or another currency specified in the offer; the currency stated on the invoice shall be authoritative. Any bank, conversion or exchange rate differences shall be borne by the customer.

3.4 VAT treatment depends on the routing of the respective flight. Flights that both begin and end within Switzerland are subject to Swiss VAT at the applicable rate. Cross-border flights with a connection to Switzerland are generally exempt from Swiss VAT under applicable Swiss VAT law. Flights that take place entirely outside Switzerland (e.g. within another country or between two other countries) are not subject to Swiss VAT; any foreign taxes, duties or fees shall be borne by the customer and, where known, will be shown separately in the offer. SPG will separately state any VAT owed on the invoice.

3.5 The price includes exclusively the services expressly listed in the offer. In particular, the following are not included:

• Airport, slot, parking, de-icing and overflight fees incurred subsequently
• Costs resulting from delays, waiting times, route changes or stopovers not attributable to SPG
• Additional crew overnight or standby costs arising from schedule changes
• Official duties, customs, visa, vaccination and entry costs of passengers
• Costs for additional services requested subsequently

3.6 If, after conclusion of the contract, fuel prices, taxes or official fees change, or schedule changes attributable to the customer are made, SPG is entitled to charge the resulting additional costs to the customer. SPG will inform the customer of any such additional costs without delay.

3.7 SPG is not obliged to disclose its purchasing terms or cost calculations to the customer.

4. Payment Terms

4.1 The entire flight price is due in full, without deductions, immediately upon receipt of the invoice and at the latest upon booking confirmation. Payment in instalments, a deposit followed by a balance payment, and payment after the flight has taken place are excluded; the customer always pays the full flight price in advance.

4.2 The booking is only deemed definitively confirmed, and is only bindingly fixed with the operator, once the full invoice amount has been received by SPG. Until full payment has been received, there is no reservation and no entitlement of the customer to the flight being carried out.

4.3 If payment is not received in full and on time, SPG is entitled to cancel the booking without further notice and to allocate the capacity elsewhere. The cancellation fees under clause 6 remain payable in this case.

4.4 The customer is in default without further reminder upon expiry of the payment deadline. SPG is entitled to charge default interest of 5% p.a. as well as the costs of debt collection.

4.5 Payments must be made exclusively to the accounts of SPG stated on the invoice. All bank, transaction and exchange rate fees shall be borne by the customer.

4.6 The customer may not set off counterclaims against SPG's claims unless the counterclaim has been acknowledged in writing by SPG or established by a final court decision.

5. Customer's Obligations

5.1 The customer shall provide SPG with complete and accurate details of all passengers, in particular full names as shown on travel documents, dates of birth, nationality and passport numbers, within the deadlines communicated by SPG.

5.2 The customer is solely responsible for ensuring that all passengers hold valid travel documents, visas, permits and any required health certificates. SPG is not liable for damages or costs arising from missing, incomplete or incorrect documents.

5.3 The customer shall inform SPG in good time and in full about the number, weight and type of baggage, as well as about any accompanying animals, sports equipment, bulky goods or dangerous goods. Carriage remains in all cases subject to the operator's consent.

5.4 The customer must ensure that all passengers arrive at the agreed place at the agreed time. Passenger delays may result in the loss of slots, additional costs, or cancellation of the flight; the resulting costs are borne by the customer.

5.5 The customer shall ensure that all passengers comply with the crew's instructions and with the operator's safety and conduct rules. The customer is liable to SPG for damage to the aircraft or its equipment caused by passengers.

5.6 The customer confirms that none of the passengers, nor any person involved in the payment, is listed on a relevant sanctions list (in particular SECO, EU, OFAC, UN) and that the flight does not serve any sanctioned purpose. SPG is entitled to terminate the contract without compensation if such a circumstance becomes known.

5.7 The customer confirms that they are of legal age and have full legal capacity. Where the customer acts on behalf of a legal entity or a third party, they confirm that they are validly authorised to do so and warrant that the party represented is bound by these Terms.

6. Changes and Cancellation by the Customer

6.1 Requests by the customer to change the booking (date, time, route, number of passengers) must be communicated to SPG in writing without delay. Changes are only possible subject to availability and the operator's consent and may result in additional costs.

6.2 Unless different terms are agreed in the offer, the following cancellation fees apply in the event of cancellation by the customer (as a percentage of the total price):

• more than 30 days before departure: 20%
• 30 to 15 days before departure: 35%
• 14 to 8 days before departure: 50%
• 7 to 3 days before departure: 75%
• less than 72 hours before departure or no-show: 100%

6.3 Where the respective operator's cancellation terms differ from clause 6.2, the operator's terms apply, provided these were disclosed to the customer in the offer. In all cases, third-party costs already incurred (including slots, handling, catering, positioning flights, official fees) and an SPG processing fee remain payable.

6.4 A passenger's failure to appear, late arrival, or lack of required travel documents is deemed a cancellation by the customer at the scheduled time of departure.

6.5 Cancellations are valid only in written form (an email to bookings@s-prestige.ch is sufficient). The time of receipt by SPG shall be authoritative.

7. Changes and Cancellation by SPG or the Operator

7.1 SPG is entitled to replace the intended aircraft with an equivalent or higher-category aircraft, or to engage a different operator, provided the agreed service is not materially impaired as a result.

7.2 If a flight must be cancelled, postponed, diverted or aborted for reasons outside SPG's control — in particular weather conditions, technical faults, refusal of slots or permits, airspace closures, strikes, official orders, or decisions of the pilot in command — the customer shall have no claim for damages against SPG as a result.

7.3 In such cases, SPG will endeavour to offer the customer an equivalent alternative. If the flight cannot be carried out and this is not attributable to the customer, SPG will refund the payments made by the customer, less any third-party costs already irrevocably incurred.

7.4 Costs incurred by the customer that are not part of the contract with SPG (in particular hotel, connecting flight, transfer or event costs) will not be reimbursed.

7.5 If the intended operator becomes unavailable, in particular due to insolvency, withdrawal of its operating licence, double booking, or other impossibility of carrying out the flight, SPG is entitled to engage another suitable operator with an equivalent aircraft. If this is not possible within a reasonable time, SPG will refund the payments made by the customer, less any third-party costs already irrevocably incurred. Any further claims by the customer against SPG are excluded in this case.

8. Liability

8.1 SPG is liable for the careful selection of the operator and for the organisation of the agreed services in accordance with the contract.

8.2 For damages arising from the performance of the flight — in particular personal injury, baggage damage and delay damages — the liability provisions of the operating carrier apply, as do the mandatory international conventions, in particular the 1999 Montreal Convention. SPG does not act as a carrier within the meaning of these conventions.

8.3 To the extent permitted by law, SPG's liability is limited to intent and gross negligence. Liability for slight negligence, as well as for indirect damages, consequential damages, loss of profit, loss of business opportunity and non-material damages, is excluded.

8.4 Where SPG is liable, its liability is limited — subject to mandatory statutory provisions — to the amount of the net fee invoiced by SPG for the relevant order.

8.5 SPG is not liable for acts or omissions of the operator, its crew, or other service providers (e.g. airports, handling agents, catering, transfer and hotel providers).

8.6 Mandatory statutory liability provisions, in particular liability for personal injury, remain unaffected in all cases.

8.7 Complaints in connection with the performance of a flight must be notified to SPG in writing within 30 days of the flight in question. After this period, claims against SPG are excluded, unless mandatory statutory provisions provide otherwise.

8.8 To the extent permitted by law, the customer's claims against SPG become time-barred two years after the flight in question. Mandatory statutory limitation periods, in particular for personal injury, remain reserved.

9. Insurance

9.1 The operator holds the insurance required by law for passengers, baggage and third parties.

9.2 The customer is advised to take out suitable travel, cancellation, accident and baggage insurance for themselves and all passengers. Arranging such insurance is not part of SPG's services.

10. Force Majeure

10.1 Neither party is liable for failure to perform its obligations to the extent this is due to an event of force majeure. Force majeure includes in particular natural disasters, extreme weather conditions, volcanic ash, epidemics and pandemics, war, terrorist attacks, civil unrest, strikes, cyberattacks, airspace closures, and official orders and sanctions.

10.2 If the event of force majeure continues and, as a result, performance of the flight becomes definitively impossible, either party may withdraw from the contract. In this case, SPG will refund the payments already made by the customer, less any third-party costs already irrevocably incurred and non-refundable. Any further claims by the customer, in particular for damages, are excluded.

11. Data Protection

11.1 SPG processes personal data of the customer and passengers exclusively for the purpose of performing the contract and complying with legal obligations, in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

11.2 Carrying out the flight requires the disclosure of passenger data to the operator, to airport and handling service providers, and to authorities (in particular border, customs and aviation authorities). The customer shall ensure that they are authorised to disclose the passengers' data.

11.3 Further information on data processing can be found in the Privacy Policy.

12. Confidentiality

12.1 SPG treats travel data, passenger information and all other customer information as strictly confidential and discloses it only to the extent required to perform the contract or by law.

12.2 The customer undertakes not to disclose to third parties the terms, offers and calculations disclosed to them by SPG.

13. Final Provisions

13.1 Side agreements, additions and amendments to this contract require written form to be valid; email is sufficient.

13.2 Should individual provisions of these Terms be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the original provision.

13.3 Transfer of rights and obligations under this contract by the customer to third parties requires SPG's written consent.

13.4 SPG is entitled to amend these Terms at any time. The version in force at the time the contract was concluded applies to contracts already concluded.

13.5 The contractual relationship is governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.6 The exclusive place of jurisdiction is Bern, Switzerland. Mandatory places of jurisdiction for the protection of consumers remain reserved.

Contact

Company

Swiss Prestige Group KIG

Address

Sandackerweg 51, 3089 Bern, Switzerland

Email

bookings@s-prestige.ch

Phone

+41 76 428 39 47