General Terms of Carriage

General Terms and Conditions of Carriage (GTC) 

of Velocity, part of Capacity Aviation UG, for the brokerage of flights to private individuals and companies.

• Scope of Application

1. 1. 1. These General Terms and Conditions of Carriage (hereinafter: GTC) apply to all contracts for air carriage concluded via Capacity Aviation UG, Pestalozzistraße 25, 22305 Hamburg, Germany, Managing Director; Philipp Vetter, (herein “Velocity”) and the customer. The GTC applies regardless of whether the Customer is a consumer, entrepreneur, or merchant. A consumer is a natural person who makes a booking through Velocity for a purpose that is predominantly neither commercial nor self-employed.
      2. The contract of carriage shall be governed by the version of the GTC in force at the time of dispatch of the offers.
      3. Velocity does not accept any deviating general terms and conditions of the Customer. This also applies if Velvet Aviation Services does not expressly object to their inclusion.

• Booking and conclusion of the contract of carriage by air

1. 1. 1. Through Velocity, the Customer can book air transport services tailored to his needs. The Customer must agree to Velocity recording and registering personal data. The General Terms and Conditions of Use of Velocity (hereinafter referred to as the “Terms and Conditions of Use”) shall apply, the provisions of which can be accessed, inter alia, via a corresponding link at the bottom of each page of the Velocity website. The individual steps for booking and concluding the contract are explained below:
         1. Booking
            1. To request a flight, the Customer must enter and submit the desired travel dates, the place of departure and arrival as well as the desired number of persons to be transported in the mask provided for this purpose on the Velocity website. The entry and submission of the data does not constitute a binding offer by the Customer, but rather a non-binding request to send him flight suggestions.
            2. Velocity will then search for suitable flight suggestions for the specified travel dates. Within a very short period, Velocity will send an e-mail to the specified e-mail address with a compilation as a PDF of flight suggestions matching the specified travel dates and the respective prices (see also section 4). This e-mail does not constitute a binding offer by Velocity to conclude a contract for air carriage, but is an invitation to the Customer to submit an offer to conclude such a contract.
            3. The customer can then select a suitable flight by confirming the respective offer in the form of a PDF using his signature, name, and date.
            4. The booking is then made by returning the signed offer as a PDF to Velocity.
            5. The Customer may notify Velocity of input errors at any time by e-mail or telephone. These will be taken into account immediately. Insofar as possible the offer was updated.
            6. If the customer wishes to complete the booking, he/she must return the signed offer by e-mail.
            7. With the sending of the signed offer, a contract is concluded between the Customer and Velocity for the requested flight.
            8. The customer can then instruct payment after receiving the invoice.
            9. Velocity will confirm receipt of the submitted booking by e-mail immediately after the payment process on the part of the Customer. Such an e-mail constitutes a binding acceptance of the Customer’s offer.
            10. If the requested flight becomes unavailable in the period between the Customer’s booking and the confirmation of the operating carrier, Velocity is entitled to provide the Customer with an equivalent substitute. An equivalent substitute means an aircraft of the same category.
         2. The contract for air carriage is concluded for the number of passengers requested by the customer. If the selected flight offers more seats for the carriage of passengers and if the The customer wishes to carry more passengers than originally stated after the conclusion of the contract, a separate agreement is required for this purpose. The Customer must inform Velocity of this wish as early as possible before departure. Velocity will then inform the Customer by e-mail whether it is possible to take the additional passengers and what surcharges may have to be paid for this. This e-mail constitutes an offer by Velocity to conclude the contract for the carriage of the additional passengers. The Customer may accept this offer by replying to Velocity by e-mail. This concludes the contract for the carriage of the additional passengers by air.

• Contract text storage and contract language

1. 1. 1. Velocity does not store the text of the contract. Within a reasonable period after the conclusion of the contract, Velocity shall send the Customer a confirmation of the contract, in which the content of the contract is reproduced, on a durable medium. The Customer can also view the GTC at www.fly-velocity.com.
      2. The following languages are available for the conclusion of the contract:
         1. German
         2. English 

• Prices

1. 1. 1. Velocity does not show final prices for air carriage on its website. The final prices are reflected in the respective offers sent by PDF. They include the airfare, positioning flights if applicable, as well as all applicable taxes and fees, surcharges and charges that are unavoidable and foreseeable at the time the booking is sent, as well as catering appropriate to the time of day, alcoholic and non-alcoholic beverages and the respective statutory VAT.
      2. Not included in the final prices described in section 4.a. are the costs of de-icing if the aircraft in question has to be de-iced before take-off. These, if incurred, are to be paid separately by the Customer at cost. The costs of de-icing also include de-icing costs for positioning flights. Positioning flights are those that are necessary to bring the respective aircraft to the booked place of departure, as well as flight delays or evasive landings caused by weather conditions or air traffic control. Also not included are any risk insurance premiums for crisis areas, if required.
      3. The transport prices are calculated for the transport date agreed between the parties and the itinerary included in the offer. Should the customer change the agreed flight dates, e.g. the date of carriage, this may therefore affect the amount of the carriage charge.
      4. Ground transport services between airports and between airports and other terminals are not included in the fare.
      5. Velocity reserves the right to change the agreed carriage price after the conclusion of the contract of carriage in the event of changes in fuel costs, changes or the introduction of taxes, fees, dues, special charges, or other aviation-specific charges for certain services, aviation-specific charges, emission certificate costs, which have occurred subsequently and which were not foreseeable at the time of conclusion of the contract if more than four months lie between the conclusion of the contract and the agreed date of carriage. The customer shall be informed of such a price change without delay.

• Terms of payment

1. 1. 1. The customer may pay for the air carriage in advance (bank transfer).
      2. The booked air carriage is due for payment after the conclusion of the contract.

• Contracting and executing carrier

1. 1. 1. Velocity does not carry out the air carriage itself but uses a suitable airline (hereinafter referred to as “operating air carrier”) for this purpose. Velocity therefore acts vis-à-vis the Customer as a contractual carrier, also referred to as a contractual air carrier.

• Provisions of air carriage

1. 1. 1. The Customer shall provide the surnames, first names, date of birth and identification data of its passengers as soon as possible after the conclusion of the contract, but if possible 48 hours before the scheduled departure, or earlier if requested by Velocity. The Customer is obliged to provide further information to the extent required by legal or official regulations of the place of departure, overflight or arrival. Changes to the names and other data regarding the passengers are usually possible at short notice but may be complicated by country-specific requirements of the place of arrival, overflight or stopover.
      2. The Customer is solely responsible for ensuring that he/she and his/her Passengers arrive at the airport on time at the specified time and have all the necessary documents (proof of identity, passport, vaccination certificate, visa, etc.). If Passengers arrive at the airport after the specified time, Velocity shall nevertheless endeavour, if possible, to carry out the flight carriage, but any additional expenses and costs incurred by Velocity, as a result, shall then be borne by the Customer.
      3. If the time during which the aircraft is available to the Customer as agreed is exceeded because passengers, baggage or freight consignments are not available on time. After all, if travel documents or other documents required for carriage are missing or this is caused by other actions or omissions on the part of the Customer, its employees, agents or passengers, the Customer shall owe Velocity demurrage charges by the scale of charges of the respective airport as well as reimbursement of expenses for additional ground and flight time. The customer is also obliged to reimburse Velocity for all further proven costs incurred as a result of the non-operation of the flight or delay.
      4. Velocity or the operating Carrier may refuse to carry or re-route Passengers if
         1. this is necessary for safety reasons,
         2. the carriage or onward carriage is necessary due to a violation of official or legal requirements of the place of departure or arrival or a country overflew, or
         3. the passenger’s behaviour, mental or physical condition is such as to expose himself/herself, other passengers or crew members to danger
         4. the customer has not paid the fare, including any applicable taxes, fees or surcharges; or
         5. the passenger does not have valid travel documents or does not have valid entry documents; or
         6. the passenger fails to comply with applicable safety regulations on board.
      5. Velocity or the operating Carrier may refuse to carry or forward Baggage if the Baggage
         1. contains items, as defined by ICAO and IATA Dangerous Goods Regulations, which may endanger the aircraft or persons or property on board the aircraft, such as explosives, compressed gases, oxidising, radioactive or magnetising substances, highly flammable substances, toxic or aggressive substances; or
         2. contains articles the carriage of which is prohibited by the regulations of the State, of the place of departure or arrival, or of a State overflown; or
         3. contains articles which are unsuitable for carriage because of their nature, e.g. fragility or particular sensitivity; more detailed explanations for the specific individual case can be obtained from Velocity.
         4. The following items may not be brought on board without the prior consent of Velocity:
            1. Lithium batteries or lithium accumulators (such as those commonly used in laptop computers, mobile phones, watches, cameras, etc.) brought along individually.
            2. any kind of weapons, such as firearms, cutting or thrusting weapons and spraying devices used for offensive or defensive purposes, ammunition and explosive substances, objects which by their external form or labelling give the appearance of weapons, ammunition or explosive substances.
      6. Velocity will gladly provide the Customer with the ICAO and IATA dangerous goods regulations upon request, but they are also available on the ICAO and IATA websites. In addition, the website of the Federal Aviation Authority provides information on dangerous goods that may not be transported in baggage.

• Termination of the contract of carriage by air.

1. 1. 1. Unless otherwise provided for in sections 8.b. and 8.d., the statutory provisions shall apply to termination and cancellation of the contract of carriage by air.
      2. The Customer may terminate the contract for air carriage at any time up to the time of the agreed departure. In this case, Velocity shall be entitled to demand the agreed remuneration; however, Velvet Air must take into account what Velocity saves in expenses as a result of the termination of the contract of air carriage or acquires or maliciously refrains from acquiring through other use of the service assumed under the contract of air carriage. The parties agree on the payment of a lump sum for this purpose, depending on the time of termination, as stated in the charter contract. In any case, fees and taxes not incurred due to the cancellation will be refunded. Velocity shall have the right to prove in each case that a lower amount is to be deducted from the fare, and the Customer shall have the right to prove in each case that a higher amount is to be deducted from the fare or that Velocity is not entitled to any compensation.
      3. The provisions of clause 8.2 shall not affect the right of either party to terminate for cause.
      4. Cancellations and withdrawals shall be made at least in text form.

• Liability of Velvet Air

1. 1. 1. Velocity shall be liable for the carriage by air of passengers and their baggage by the Montreal Convention of 28 March 1999, as implemented in the European Community by Regulation (EC) No 889/2002 amending Regulation (EC) No 2027/97 Velocity and by the national legislation of the Member States.
      2. To the extent that Velocity is not liable under the Montreal Convention of 28 March 1999 or its implementation in the national laws of the Member States, Velvet Air shall be liable for damages and for reimbursement of futile expenses, irrespective of the legal grounds, only by the provisions of this Clause 9.b. as follows:
         1. In the event of intent and gross negligence on the part of Velocity’s executive bodies, legal representatives, employees or other vicarious agents, as well as in the event of injury to life, limb or health and by the provisions of the Product Liability Act, Velocity shall be liable to the full extent.
         2. In the event of simple negligence, Velocity’s liability shall be limited to damage that can typically be expected to occur and to the breach of material contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper performance of the contract and on the compliance with which the other party may regularly rely.
         3. Velocity is not liable for the cancellation and delay of flights, unless Velvet Air is responsible for such incidents within the scope of at least gross negligence and the persons acting on behalf of Velocity have taken all reasonable measures to avoid the damage or could not take such measures. This exclusion of liability applies in particular in cases of force majeure, obstruction by governmental authorities or other third parties, strike, lockout and war or war-like incidents. Velocity is also not liable for the actions of other airlines, handling companies or their vicarious agents or for passengers’ items left on board. Liability for loss of life, bodily injury and damage to health shall otherwise be governed by the statutory provisions. The exclusion or limitation of liability of Velocity also applies mutatis mutandis to all executive agents, employees and other persons.
         4. The customer shall be liable without limitation for damage to the aircraft or the interior of the aircraft, even without proof of fault on the part of the passenger causing the damage. The same applies to additional flight personnel deployed by the customer. The customer’s liability applies irrespective of any liability agreement between the customer and the passenger or the flight personnel deployed.
         5. An obligation to perform shall not apply if the carriage or parts of the carriage cannot be performed in accordance with legal and/or traffic regulations, or if force majeure or other security interests (e.g. weather conditions, terrorism events, etc.) do not permit carriage. If this means that only parts of a carriage order are cancelled, only the costs for the carriage actually performed shall be charged.
         6. Velocity reserves the right, in particular in the event of force majeure, to have the carriage carried out with an aircraft type other than that agreed. In this case, Velocity shall only use aircraft types that comply with the same safety standard and an equivalent aircraft type.
         7. If Velocity is unable to fulfil its contractual obligation due to a failure of the aircraft for technical or operational reasons or as a result of force majeure (in particular due to the weather conditions prevailing at the destination or on the flight route) after commencement of the flight, the Customer shall owe a fee adjusted in accordance with the ratio between the number of flight hours calculated on the basis of the original offer and the flight hours actually incurred.
         8. If a landing at the destination airport is not possible due to force majeure (in particular due to the weather conditions prevailing at the destination or on the flight route) and an alternative landing is necessary, Velocity shall neither assume the costs for the onward transportation of the passengers to the originally agreed destination nor the additional costs otherwise incurred due to the alternative landing. In this case, the customer shall owe a fee adjusted according to the ratio between the number of flight hours calculated based on the original offer and the flight hours incurred.
         9. If a landing at the destination airport is not possible due to force majeure (in particular due to the weather conditions prevailing at the destination or on the flight route) and a return flight to the departure airport is either requested by the customer or unavoidable under the circumstances, the customer shall owe a fee adjusted according to the ratio between the number of flight hours calculated based on the original offer and the flight hours incurred. In this case, the flight hours shall consist of the total distance travelled, i.e. the outward and return journey.
         10. If a landing at the destination airport is not possible due to force majeure (in particular due to the weather conditions prevailing at the destination or on the flight route) and a stopover is, therefore, necessary, the customer is obliged to bear all additional costs arising from this.

• Applicable law

1. 1. 1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, has made the booking as a consumer (see clause 1.1) and has his or her habitual residence in another country at the time of booking, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.

• place of jurisdiction

1. 1. 1. If the Customer is a merchant and has its registered office in Germany at the time of registration, the exclusive place of jurisdiction is the registered office of Velocity, Hamburg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdictions.

• Consumer dispute resolution

1. 1. The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.
   2. Velocity is legally obliged to inform the Customer of Velocity’s email address. This is fly@fly-velocity.com
   3. Velocity has not joined any dispute resolution body organized under private law and is obliged to participate in the dispute resolution procedure of the official “Schlichtungsstelle Luftverkehr beim Bundesamt für Justiz, Adenauerallee 99-103, 5311 Bonn, Germany”, https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/Luftverkehr/Schlichtungsstelle_node.html, https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/Luftverkehr/Service/Formulare/Formulare_node.html, participates.

Velocity, part of Capacity Aviation UG (as of 16 November 2023)