Legal Information


JetApp GmbH General Terms and Conditions of Use for use of the www.jetapp.com flight booking platform.

Step Scope

1.1. These General Terms and Conditions of Use (hereafter “Terms and Conditions of Use“) apply to contracts for use of our flight booking platform www.jetapp.com (hereafter “JetApp Booking Platform“) between

JetApp GmbH
Marktplatz 5
70173 Stuttgart, Germany

Telephone: +49 (0)711 650002
Fax: +49 (0)711 6201948
E-mail: booking@jetapp.com

Managing Director: Philipp Schlüren

Registry Court:
Amtsgericht Stuttgart HRB 760820
(hereafter “JetApp“)

and the user of the JetApp Booking Platform (hereafter “Customer“). The Terms and Conditions of Use apply regardless of whether the Customer is a consumer, entrepreneur or businessman. A consumer is a natural person who uses the JetApp Booking Platform or who undertakes a booking via the JetApp Booking Platform for a purpose which cannot be ascribed predominantly to either the person’s commercial or self-employed professional activity.

1.2. The version of the Terms and Conditions of Use applying on registration shall be authoritative for use of the JetApp Booking Platform.

1.3. JetApp will not accept the Customer’s divergent general terms and conditions. This shall also apply even if JetApp does not expressly reject their inclusion.

Step Registering to use the JetApp Booking Platform

2.1. The Customer must register to book flights using the JetApp Booking Platform. To do this, the Customer must first enter the details required in the registration form. There is no entitlement to registration; JetApp is entitled to reject registration applications without providing reasons.

2.2. The Customer must be of legal age and legally competent in order to register. Minors are not permitted to register. In the case of a legal entity, registration must be effected by a legally competent authorized representative who is a natural person.

2.3. JetApp will review the details provided by the Customer for registration with regard to completeness and plausibility. If in JetApp’s opinion the details are correct and there are no other concerns, JetApp will provide the requested access and the Customer will be forwarded to the customer account. JetApp’s Data Protection Statement provides information about storage, processing and use of the Customer’s personal details and this can be downloaded using the “Data Protection” link in the footer on every page of the JetApp Booking Platform.

2.4. The Customer will be asked to provide an e-mail address and a password during the registration process. Once the Customer has been given access, the Customer will be able to use these access details to log on to the JetApp Booking Platform.

2.5. The Customer must keep the password secret and not make it accessible to unauthorized third parties.

2.6. It is furthermore the Customer’s responsibility to ensure that it is only the Customer and/or a person authorized by the Customer who accesses the JetApp Booking Platform and uses the services made available on the JetApp Booking Platform. The Customer must inform JetApp immediately if it is feared that unauthorized third parties have acquired or will acquire knowledge of the Customer’s log-in details.

2.7. The Customer is obliged to keep details (including contact details) up to date. The Customer must amend the details in the customer account on the JetApp Booking Platform without delay if a change to the details provided occurs during the term of contractual use of the JetApp Booking Platform. If the Customer does not succeed in doing so, the Customer must immediately inform JetApp of the amended details by e-mail or fax.

Step Scope of permitted use of JetApp Booking Platform

3.1. Within the scope of the regulations of these Terms and Conditions of Use, the Customer’s authorization for use is restricted to accessing the JetApp Booking Platform and use of the services available on the JetApp Booking Platform.

3.2. The Customer is personally responsible for creating the technical conditions necessary for contractual use of the JetApp Booking Platform that are within the scope of the Customer’s responsibility. JetApp does not offer any advice in this regard.

3.3. Unless further use is expressly permitted in these Terms and Conditions of Use or on the JetApp Booking Platform, or facilitated on the JetApp Booking Platform by appropriate functionality (e.g. Download button),

  • the Customer may only access and display the content available on the JetApp Booking Platform for the purpose of recourse to the services provided on the JetApp Booking Platform. This right of use is limited to the duration of contractual authority to use the JetApp Booking Platform;

  • the Customer is prohibited from editing, modifying, translating, demonstrating or presenting, publishing, exhibiting, reproducing or disseminating all or part of the content available on the JetApp Booking Platform. The Customer is also prohibited from removing or modifying copyright notices, logos, and other registration marks or proprietary notices.

3.4. The Customer is authorized to download (“Download“) and print out content only if the Download or print options are available as a function on the JetApp Booking Platform (e.g. by means of a Download button).

3.5. The Customer will receive a non-exclusive right, unlimited in time, to use for personal, non-commercial purposes of the content duly downloaded and/or printed by the Customer.

3.6. The Customer’s mandatory statutory rights (including of reproduction for private and other personal use according to section 53 German Copyright Act - UrhG) will remain unaffected.

3.7. Any activities on and/or in connection with the JetApp Booking Platform which violate third-party rights, applicable law or violate child protection principles are prohibited.

3.8. The following activities are furthermore prohibited regardless of a potential violation of the law:

  • Dissemination of viruses, trojans and other malware;

  • Dissemination and/or public reproduction of content available on the JetApp Booking Platform if not expressly permitted by the respective author, or expressly provided as functionality on the JetApp Booking Platform.

  • Any act likely to prejudice smooth operation of the JetApp Booking Platform, in particular to unduly tax JetApp’s systems.

4. Protection of content on the JetApp Booking Platform

The content available on the JetApp Booking Platform is predominantly protected by copyright or other proprietary rights and is owned respectively by JetApp or other third parties that have provided the respective content. The content compilation per se is protected as a database within the terms of sections 4 (2) and 87a (1) German Copyright Act, as the case arises. The Customer may use this content only in accordance with these Terms and Conditions of Use and to the extent specified on the JetApp Booking Platform.

5. Cost of using and booking flights

Use of the JetApp Booking Platform is free. If the Customer books flights via the JetApp Booking Platform, the regulations contained in JetApp’s General Terms and Conditions of Carriage, which can be downloaded, inter alia, from the “TCC” link in the footer of every page on the JetApp Booking Platform, will apply to this and to the costs incurred as a result.

6. Contract duration, Termination

The contract for use of the JetApp Booking Platform will run for an unspecified term and can be terminated by either party at any time without notice. If the contract for use of the JetApp Booking Platform is terminated at a point at which the Customer has already made a binding offer to conclude an air carriage contract, or such a contract has already been concluded, the Terms and Conditions for Use of the JetApp Booking Platform will continue to apply until cessation of the air carriage contract.

7. JetApp’s liability

7.1. JetApp will be liable for damages and for compensation for wasted expenditure, irrespective of the legal grounds, according to the regulations in this clause 7.1, as follows:

7.1.1. JetApp will be fully liable in the event of intent and gross negligence by JetApp’s executive bodies, legal representatives, employees or other vicarious agents and in the event of injury to life, limb or health and according to the provisions of the German Product Liability Act.

7.1.2. In the event of slight negligence, JetApp’s liability is limited to damages whose occurrence is to be typically expected and to breach of material contractual obligations (cardinal obligations) whose fulfillment facilitates due performance of the contract and on whose observance the other party must routinely rely.

7.1.3. The liability in the Terms and Conditions of Carriage shall pertain for air carriage contracts concluded by the Customer using the JetApp Booking Platform.

8. Applicable law

These Terms and Conditions are subject to the law of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer, has registered as a consumer (see clause 1.1) and, at the time of registering, was habitually resident in another country, application of that country’s mandatory legal provisions shall not be affected by the choice of law in sentence one.

9. Jurisdiction

If the Customer is a businessman and, at the time of registering, the Customer’s registered office was in Germany, the sole jurisdiction shall be that of JetApp’s registered office in Stuttgart. The applicable legal provisions shall otherwise apply to local and international jurisdiction.

10. Consumer dispute resolution

10.1. The European Commission provides a platform for online dispute resolution (ODR), which can be found at the following link: http://ec.europa.eu/consumers/odr/.

10.2. We are obliged by law to draw your attention to our e-mail address. This is booking@jetapp.com.

10.3. With regard to these Terms and Conditions of Use, JetApp will not participate in dispute resolution proceedings at a consumer arbitration service within the terms of the German Consumer Dispute Resolution Act and is also not obliged to do so. JetApp’s General Terms and Conditions of Carriage will apply to consumer dispute resolution proceedings for conclusion of an air carriage contract.

JetApp GmbH General Terms and Conditions of Carriage for booking flights using the www.jetapp.com flight booking platform.

Step Scope

1.1. These General Terms and Conditions of Carriage (hereafter TCC) apply to all contracts for air carriage concluded via the JetApp Booking Platform between

JetApp GmbH
Marktplatz 5
70173 Stuttgart, Germany

Telephone: +49 (0)711 650002
Fax: +49 (0)711 6201948
E-mail: booking@jetapp.com

Managing Director: Philipp Schlüren
Registry Court: Amtsgericht Stuttgart HRB 760820

(hereafter “JetApp“)

and the Customer. The Terms and Conditions of Carriage apply regardless of whether the Customer is a consumer, entrepreneur or businessman. A consumer is a natural person who makes a booking using the JetApp Booking Platform for a purpose which cannot be ascribed predominantly to either the person’s commercial or self-employed professional activity.

1.2. The version of the TCC valid on dispatch of the booking shall be authoritative for the contract of carriage.

1.3. JetApp will not accept the Customer’s divergent general terms and conditions. This shall also apply even if JetApp does not expressly reject their inclusion.

Step Booking and conclusion of the air carriage contract

2.1. The Customer can book air carriage services tailored to the Customer’s needs via the JetApp Booking Platform. To do this the Customer must register on the JetApp Booking Platform. JetApp’s General Terms and Conditions of Use for use of the JetApp Booking Platform (hereafter “Terms and Conditions of Use“), which can be downloaded, inter alia, via a corresponding link on every page of the JetApp Booking Platform, shall apply. JetApp will make two versions of the booking available via the JetApp Booking Platform - JetApp Classic and JetApp Direct. The individual steps involved in booking and conclusion of the contract for the respective versions are explained below:

2.1.1. JetApp Classic

a) To book a JetApp Classic flight, the Customer must enter the preferred dates of travel, place of departure and arrival and number of people to be carried in the field provided for this purpose on the JetApp Booking Platform and send it off. If the Customer’s preferred dates are available for both JetApp Classic and JetApp Direct, by clicking on the appropriate buttons the Customer can choose the preferred option. If JetApp Direct is not available for the Customer’s preferred dates, the details supplied by the Customer will be processed direct for JetApp Classic. Entry of the details and sending them off in JetApp Classic does not constitute a binding offer by the Customer; it is an initial, non-binding request to send the Customer flight suggestions first.

b) JetApp will then search for suitable flight suggestions which match the stated travel dates. These can be seen in the Customer’s account on the JetApp Booking Platform. This provides the Customer with initial information. JetApp will send an e-mail to the e-mail address stored in the customer account, with a summary of suggested flights which match the stated travel dates and the respective prices (c.f. also clause 4) within approx. two hours. There will be a link attached to each individual suggested flight. This e-mail does not constitute a binding offer by JetApp to conclude an air carriage contract; it is an invitation to the Customer to make an offer to conclude such a contract.

c) The Customer can then find a suitable flight by clicking on the respective link. This takes the customer to the JetApp Booking Platform, where the options will be displayed again. By clicking the “Choose flight” button again for the preferred flight, the customer will be taken to the JetApp Booking Platform shopping basket, in which the selected flight is placed. The Customer can then continue the booking process by clicking on the “Go to checkout” button.

d) There are then three more steps to the booking:

Step 1: Enter address
Step 2: Select payment option
Step 3: Book by clicking on the “Order and pay” button.

e) The Customer can correct mistakes using the correction options available in the entry fields.

f) If the Customer wants to conclude the booking, it is necessary to click on the “Go to checkout” button and then follow steps 1, 2 and 3 on the screen as described above. Errors in the entry fields can be corrected at every stage. Before confirming the booking, the Customer is once again shown the flight with details of the place of departure and destination(s), the number of people required and the prices, as described in clause 4. (If the Customer notices mistakes at this point, they can be corrected by clicking on the “Back” button until the Customer reaches the screen containing the entry field with the incorrect entry. The entry can be corrected and the booking then continued as described above.)

g) By clicking on the “Order and pay” button and sending off the booking, the Customer enters into a contract with JetApp with regard to the requested flight.

h) Depending on the payment method selected, the Customer can then make payment by following the steps given on this page.

h) JetApp will send an e-mail confirming receipt of the booking made via the JetApp Booking Platform immediately after payment is made by the customer. Such an e-mail will contain a binding acceptance of the Customer’s offer.

j) JetApp is entitled to offer the Customer an alternative flight of equal value if the flight requested by the Customer becomes unavailable between the time when the Customer books the flight and the time when confirmation is received from the executing air carrier. Here, an alternative of equal value refers to aircraft in the same category as that originally booked.

2.1.2. JetApp Direct

a) If the Customer’s preferred travel dates are also available for JetApp Direct and the Customer selects this by clicking on the appropriate button, JetApp offers the Customer three categories of flight: Silver, Gold and Platinum. These are binding offers on the part of JetApp. When the Customer clicks on one of the categories, the category of air carriage selected is placed in the shopping basket.

b) Booking then takes place as described in clauses 2.1.1 d)-f). If the Customer has not logged on or has not yet registered, there is an interim step before inputting the address, during which Customers who have already registered must log on or, if the Customer has not yet registered, the Customer must register according to the Terms and Conditions of Use (c.f. clause 2.1 above).

c) Unlike JetApp Classic, in the case of JetApp Direct clicking on the “Order and pay” button constitutes acceptance of JetApp’s binding offer. On sending the booking, the contract between the Customer for air carriage on the travel dates specified by the Customer in the category of flight selected by the Customer therefore comes into being.

d) After sending the booking the Customer is then taken to the page for the payment method selected, where the Customer can give payment instructions.

e) JetApp will immediately confirm by e-mail receipt of the Customer’s booking.

2.2. In each case the air carriage contract will come into being for the number of passengers requested by the Customer. A separate agreement is required if the flight selected offers more seats for conveying people and if, after conclusion of the contract, the Customer wishes to take more passengers than originally stated. The Customer must inform JetApp of this wish as soon as possible before departure. JetApp will then notify the Customer by e-mail whether it is possible to take more passengers and which supplements are payable for this, where applicable. This e-mail represents an offer by JetApp to conclude the contract to carry additional passengers. The Customer can accept this offer by an appropriate reply to JetApp by e-mail. The contract for air carriage of the additional passengers therefore comes into being.

Step Storage of contract text and contract language

3.1. JetApp will not save the contract text. Within an appropriate period after conclusion of the contract, JetApp will send the Customer a confirmation of the contract which reproduces the contract content on a permanent data carrier. The Customer can also view the TCC at www.jetapp.com.

3.2. The contract can be concluded in the following languages:
a) German
b) English
c) French
d) Italian
e) Spanish

4. Pricing

4.1. JetApp refers to the final prices for air carriage on the JetApp Booking Platform. The final price includes the flight price, any required positioning flights, and all applicable taxes, fees, supplements, and payments that are unavoidable and foreseeable at the time the booking is sent. This price also includes appropriate catering for the time of day, alcoholic and non-alcoholic beverages, and applicable statutory VAT.

4.2. The final prices described in clause 4.1 do not include de-icing costs, i.e. if the aircraft in question has to be de-iced before takeoff. If incurred the Customer must pay for these separately at cost. De-icing costs also include the cost of de-icing positioning flights. Positioning flights are those which are necessary to bring the aircraft in question to the booked place of departure, as well as flights necessitated by delays or diversion landings caused by weather conditions or flight safety considerations. Also not included in the final prices are any risk insurance premiums incurred for travel to crisis regions.

4.3. Carriage charges are calculated for the date of carriage agreed upon by the parties and for the route contained in the offer. The carriage charge can therefore be influenced by any change the Customer makes to the agreed upon flight details – e.g. change of the flight date.

4.4. The carriage charge does not include ground transport services between airports or airport terminals.

4.5. JetApp reserves the right to change the agreed upon carriage charge after the conclusion of the contract of carriage in the event that changes that were unforeseeable at the time of the booking should occur with regard to fuel costs, taxes, fees, etc., special charges or other aviation-specific charges for certain services, aviation-specific fees, and emission certificate costs, provided the period between the conclusion of the contract and the agreed upon carriage date exceeds four months. The Customer shall be informed immediately of any such carriage charge changes.

5. Terms of Payment

5.1. The Customer can pay for air carriage by PayPal, cash in advance (transfer), by instant transfer or with MasterCard, Visa or Amex credit cards.

5.2. The booked air carriage is due for payment after conclusion of the contract.

6. Contractual and executing air carrier

JetApp does not execute the air carriage itself, but uses a suitable airline for this (hereafter “Executing Air Carrier“). JetApp therefore acts vis-à-vis the Customer as contractual air carrier, also known as contractual airline.

7. Conditions of air carriage

7.1. The Customer shall notify JetApp of the passengers’ surnames, first names, dates of birth and passport details as soon as possible after conclusion of the contract, but if possible 48 hours before the planned departure, or even sooner if requested by JetApp. The Customer is obliged to provide other information if stipulated by law or official provisions at the place of departure, fly-over or arrival. Last-minute changes to names and other information concerning passengers are generally possible, but may be more difficult as a result of country-specific stipulations in the place of arrival, fly-over or stopover.

7.2. The Customer alone is responsible for arriving at the airport with their passengers on time and having all required documentation (proof of identity, passports, immunization papers, visas, etc.). If passengers arrive at the airport after the stated time, insofar as possible JetApp will nevertheless endeavor to execute the air carriage; the Customer must then bear any additional expenditure and costs incurred by JetApp.

7.3. If the time that the aircraft is to be made available to the Customer as agreed upon in the contract is exceeded due to the fact that passengers, luggage, or cargo shipments have not arrived on time, or because travel documents or other documents required for carriage cannot be produced, or if such delays are in any other way caused by the actions or omissions of the Customer, his or her employees, agents, or passengers/co-passengers, the Customer shall be required to pay JetApp a demurrage charge in line with the schedule of fees at the airport in question, and also reimburse JetApp for expenses incurred for any additional time spent by the aircraft on the ground and in the air. The Customer must also reimburse JetApp for all other proven costs associated with flight delays or cancellations.

7.4. JetApp and/or the Executing Air Carrier can refuse to carry passengers, or onward carriage of passengers if

  • this is necessary for safety reasons,
  • carriage or onward carriage necessitates a violation of official or legal requirements of the place of departure or arrival, or a state which is flown over, or
  • the behavior of the passenger, the passenger’s mental or physical demeanor is such that he represents a danger to himself, other passengers or crew members,
  • the customer has not paid for the flight, including any taxes, fees or supplements; or
  • the passenger does not possess valid travel documents or valid immigration papers, or
  • the passenger does not comply with the applicable safety regulations on board.

7.5. JetApp and/or the Executing Air Carrier can refuse to carry luggage, or onward carriage of luggage, if the luggage

  • contains items which contravene ICAO and IATA Dangerous Goods Regulations, which could endanger the aircraft or people or items on board the aircraft, such as explosive substances, compressed gases, oxidizing, radioactive or magnetic substances, easily flammable substances, poisonous or corrosive substances, or
  • contains items whose carriage is prohibited according to the provisions of the state of departure or arrival, or of a state which is flown over, or
  • contains items which, by their nature, are unsuitable for carriage because of their fragility or particular sensitivity, for example; more detailed explanations regarding specific individual cases can be obtained from JetApp.

7.6. JetApp’s prior permission is required for carriage of the following items:

  • individual lithium batteries or lithium accumulators (as customary in laptop computers, cell phones, clocks, or cameras),
  • any type of weapon, such as firearms, batons or thrusting weapons and sprays used for aggressive or defensive purposes, munitions and explosive substances, items whose external shape or labeling give the appearance of being weapons, munitions or explosive substances.

7.7. JetApp will be happy to provide the Customer with the ICAO and IATA Dangerous Goods Regulations on request; they can also be downloaded from the ICAO and IATA websites. Furthermore the German Aviation Authority provides information about dangerous goods which must not be transported in luggage.

8. Termination of the air carriage contract

8.1. Unless arranged to the contrary in clauses 8.2 and 8.4, the statutory regulations shall apply to termination and rescission of the air carriage contract.

8.2. The Customer may terminate the air carriage contract at any time up to the time of the agreed departure. In this case JetApp is entitled to demand the agreed remuneration; JetApp must, however, allow set-off of what JetApp saves in expenses as a result of termination of the air carriage contract, or gains through other use of the service acquired under the air carriage contract, or maliciously refrains from gaining. The parties agree a lump sum for this as follows depending on the time of termination:

Termination up to 120 hours before departure

10% of the flight price, plus fees and taxes already incurred

Termination 120 to 72 hours before departure:

25% of the flight price plus fees and taxes already incurred

Termination 72 to 48 hours before departure:

50% of the flight price plus fees and taxes already incurred

Termination 48 to 24 hours before departure:

75% of the flight price plus fees and taxes already incurred

Termination less than 24 hours before departure:

100% of the flight price plus fees and taxes already incurred


In every case, fees and taxes that are not incurred due to termination shall be refunded. In each individual case JetApp may prove that a lesser amount is to be deducted from the flight price and the Customer may prove in each individual case that a greater amount is to be deducted from the flight price, or JetApp is not due any remuneration.

8.3. The arrangements in clause 8.2 shall not affect the right of either party to termination for good cause.

8.4. Terminations and rescissions must as a minimum be effected in text form.

9. JetApp’s liability

9.1. JetApp is liable for air carriage of passengers and their luggage according to the Montreal Convention of 28 May 1999, implemented in the European Community by Regulation (EC) no. 889/2002 amending Regulation (EC) no. 2027/97 and by national legal provisions of Member States. Further details regarding this liability can be found in the “Information” appendix to the TCC.

9.2. If JetApp is not liable according to the Montreal Convention of 28 May 1999 or its implementation in the national legal provisions of Member States, irrespective of the legal grounds JetApp is liable for damages and for compensation for wasted expenditure only according to the regulations in this clause 9.2, as follows:

9.2.1. JetApp will be fully liable in the event of intent and gross negligence by JetApp’s executive bodies, legal representatives, employees or other vicarious agents and in the event of injury to life, limb or health and according to the provisions of the German Product Liability Act.

9.2.2. In the event of slight negligence, JetApp’s liability is limited to damages whose occurrence is to be typically expected and to breach of material contractual obligations (cardinal obligations) whose fulfillment facilitates due performance of the contract and on whose observance the other party must routinely rely.

9.2.3. JetApp shall accept no liability for the delay or cancellation of flights if such delays or cancellations were not due at least to gross negligence on the part of JetApp and if all persons acting on behalf of JetApp took every reasonable measure to avoid such damage, or were unable to take such measures. This exclusion of liability applies particularly to instances of force majeure, prevention of flights by government authorities or other third parties, strikes, lockouts, war, and warlike events. JetApp also accepts no liability for the actions of other carriers and ground handling companies or their vicarious agents, nor does it accept liability for property passengers leave behind on the aircraft. Liability for loss of life, or damage to body and health, is governed by legal regulations. The exclusion or limitation of JetApp liability applies analogously to all implementing agents, employees, and other persons.

9.2.4. The Customer accepts unlimited liability for damage to the plane or the aircraft interior, even without proof of fault of the passenger who caused the damage. The same applies to additional aircrew employed by the Customer. The Customer’s liability applies regardless of whether a liability agreement has been concluded between the Customer and the passenger or aircrew.

9.2.5. There is no obligation to perform the carriage service if the transport or parts of the transport cannot be carried out in accordance with legal and/or transport regulations, or if force majeure or other safety concerns (e.g. weather conditions, terrorism, etc.) do not allow transport to take place. If this means that only some parts of a transport contract cannot be performed, only the costs for the actual transport will be charged.

9.2.6. JetApp reserves the right, particularly in the event of force majeure, to carry out the transport with a different aircraft type than that agreed upon. In this case, JetApp will only use aircraft types that comply with the same safety standard and are of the same quality.

9.2.7. If JetApp is not able to fulfil its contractual obligation because of a failure of the aircraft due to technical or operational reasons, or in the event of force majeure (particularly due to prevailing weather conditions at the destination or along the flight path) after the commencement of the flight, then the Customer is liable for a fee payable according to the ratio between the number of calculated flight hours contained in the original offer and the actual hours flown.

9.2.8. If due to force majeure (particularly due to the prevailing weather conditions at the destination or along the flight path), a landing at the destination airport is not possible and a diversion landing is required, JetApp does not assume the cost of transporting passengers to the originally agreed upon destination nor does it assume the additional costs incurred as a result of the diversion landing. In this case, the Customer is liable for a fee payable according to the ratio between the number of calculated flight hours contained in the original offer and the actual hours flown.

9.2.9. If due to force majeure (particularly due to the prevailing weather conditions at the destination or along the flight path), a landing at the destination airport is not possible and a return flight to the departure airport is either requested by the Customer or is unavoidable due to the circumstances, then the Customer is liable for a fee payable according to the ratio between the number of calculated flight hours contained in the original offer and the actual hours flown. In this case, flight hours consist of the total distance travelled – i.e. for the outward and return journeys.

9.2.10. If due to force majeure (particularly due to the prevailing weather conditions at the destination or along the flight path), a landing at the destination airport is not possible and an intermediate landing is required, then the Customer is obligated to assume all the additional costs incurred as a result of the intermediate landing.

10. Applicable law

These Terms and Conditions are subject to the law of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer, has made the booking as a consumer (see clause 1.1) and, at the time of booking, was habitually resident in another country, application of that country’s mandatory legal provisions shall not be affected by the choice of law in sentence one.

11. Jurisdiction

If the Customer is a businessman and, at the time of registering, the Customer’s registered office was in Germany, the sole jurisdiction shall be that of JetApp’s registered office in Stuttgart. The applicable legal provisions shall otherwise apply to local and international jurisdiction.

12. Consumer dispute resolution

12.1. The European Commission provides a platform for online dispute resolution (ODR), which can be found at the following link: http://ec.europa.eu/consumers/odr/.

12.2. JetApp is legally obliged to draw the Customer’s attention to JetApp’s e-mail address. This is booking@jetapp.com.

12.3. JetApp has not affiliated itself with any arbitration board organized under private law and takes part with binding effect in the dispute resolution proceedings by the official “Schlichtungsstelle Luftverkehr beim Bundesamt für Justiz, Adenauerallee 99-103, 5311 Bonn,
https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/Luftverkehr/Schlichtungsstelle_node.html
https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/Luftverkehr/Service/Formulare/Formulare_node.html
.

“Information” appendix to the TCC

Airline’s liability for passengers and their luggage

This information summarizes the rules regarding liability to be applied by Community airlines according to provisions of Community law and the Montreal Convention.

Compensation in the event of death or physical injury

There are no maximum amounts for liability in the event of passengers’ death or physical injury. The airline cannot object to compensation claims for damages up to a value of SDR 113,110 (rounded amount in national currency). The airline can deflect claims exceeding this amount by proving that it acted neither negligently nor culpably.

Advance payments

If a passenger is killed or injured, the airline must make an advance payment within 15 days of determination of the person entitled to compensation, in order to cover immediate financial needs. In the event of death the advance payment is not less than SDR 18,096 (rounded amount in national currency).

Delays to carriage of passengers

The airline will be liable for compensation as a result of delays to carriage of passengers, unless it took all reasonable measures to avoid damage, or it was impossible to take these measures. Liability for compensation for delays in carriage of passengers is limited to SDR 4,694 (rounded amount in national currency).

Delays to carriage of luggage

The airline will be liable for compensation as a result of delays to carriage of luggage, unless it took all reasonable measures to avoid damage, or it was impossible to take these measures. Liability for compensation for delays in carriage of luggage is limited to SDR 1,131 (rounded amount in national currency).

Destruction of, loss of or damage to luggage

The airline is liable for the destruction, loss of or damage to luggage up to a value of SDR 1,131 (rounded amount in national currency). Unless the luggage was already defective, liability for checked-in luggage exists regardless of culpability. The airline is only liable for culpable behavior in the case of hand luggage.

Increased liability limits for luggage

An increased liability limit applies if the passenger makes a special declaration, at the latest at check-in, and pays a supplement.

Complaints about luggage

The passenger must notify the airline in writing as soon as possible in the event of damage to, delay to, loss or destruction of luggage. In the event of damage to checked-in luggage, the passenger must notify the airline in writing within seven days of it being available to him, and within 21 days of it being available to him for delayed luggage.

Liability of the Contractual Air Carrier and the Executing Air Carrier

If the Executing Air Carrier is not identical to the Contractual Air Carrier, the passenger can direct his notification or compensation claims to each of the two carriers. If the flight ticket shows the name or code of an airline, this is the airline concluding the contract.

Periods for filing action

Legal action for compensation must be filed within two years, commencing on the date of the aircraft’s arrival or the date on which the aircraft should have arrived.

Basis of this information

These provisions are based on the Montreal Convention of 28 May 1999, implemented in the European Community by Regulation (EC) no. 2027/97 amending Regulation (EC) no. 889/2002 and by national legal provisions of Member States.

Data Protection Statement

Contents

  1. Subject of this Data Protection Statement
  2. Responsible Body/Service Provider
  3. Collection and Use of your Data
  4. Use of Cookies
  5. Use of Google Analytics
  6. Social Plugins
  7. Newsletter
  8. Right to Cancellation and Right of Objection
  9. Data Security

Step Subject of this Data Protection Statement

1.1. We welcome your interest in our website and the offerings on our website (hereafter “JetApp Booking Platform“).

1.2. The protection of your personal data (hereafter “Data“) is very important to us. We would therefore like to inform you in detail below about the Data we collect when you visit our website and use the services we offer there and how we subsequently process or use this, as well as the accompanying technical and organizational protective measures we have taken.

Step Responsible Body/Service Provider

2.1. The responsible body within the terms of the German Data Protection Act (BDSG) and the service provider within the terms of the German Telemedia Act (TMG) is

JetApp GmbH
Marktplatz 5
70173 Stuttgart, Germany

Telephone: +49 (0)711 650002
Fax: +49 (0)711 6201948
E-mail: booking@jetapp.com

Managing Director: Philipp Schlüren

JetApp GmbH is registered in the Stuttgart District Court Commercial Register under no. HRB 760820.

2.2. Please address questions or comments regarding this data protection statement or about data protection in general to booking@jetapp.com.

Step Collection and Use of your Data

3.1. There is a difference in the scope and nature of how your Data is collected and used depending on whether you visit our website only to access information, or to use the services we offer.

3.2. Informational use

3.2.1. Basically you are not required to provide Data for informational use of our website. Instead, in this case we only collect and use your Data automatically communicated to us by your web browser, such as:

  • Date and time you looked at one of our web pages
  • Your browser type
  • The browser settings
  • The operating system used
  • The last page you visited
  • The volume of data transmitted and the access status (file transferred, file not found, etc.) and
  • Your IP address.

3.2.2. In the case of an informational visit we collect and use this Data solely in a non-personal form. We do this to facilitate use of the web pages you have viewed, for statistical purposes, and to improve our Internet offering. We only store the IP address for the duration of your visit and no individual analysis takes place.

3.3. Use of services

3.3.1. If, on the other hand, you want to use the services offered on our website, such as enquiring about or booking flights, it is necessary for you to register and provide additional Data. This is the Data required to register and book or process the booked flight, such as your name, e-mail address, your preferred flights and, when booking a flight, your postal address and Data necessary to process payment.

3.3.2. Your Data is collected and used to render the services you require, i.e. to facilitate your use of the JetApp Booking Platform through registration, to send you suggested flights matching your preferences, to conclude and execute the air carriage contract.

3.3.3. Your Data is required for the abovementioned purposes and, if required for the abovementioned purposes, is passed to the Executing Air Carrier and, if prescribed in the respective country, to the authorities in the country of your departure and landing, or in a country which is overflown. Data can also be passed to airlines and/or authorities which are not domiciled in the European Union or European Economic Area, and which do not have a level of data protection comparable to that of the European Union or the European Economic Area.

3.3.4. Your Data is furthermore passed to other service providers which support us, as applicable, who we have naturally selected carefully and who only process your Data for the purpose specified here and as we instruct. These may be providers of technical services or service providers who otherwise assist us.

3.3.5. Your Data is otherwise passed to other third parties only if we are legally obliged to do so.

3.4. Job applications

If you send us an application regarding a job posted on our website, we will use your personal data exclusively for the purposes of processing your application. This information may be sent to a country other than your home country if the nature of the position you applied for makes this necessary. The details provided in clauses 3.3.4 and 3.3.5 also apply analogously to personal data that you transmit to us as part of the application process.
We protect applicants' data in accordance with applicable data protection regulations. We recommend transmitting the application documentation in a confidential manner. Our public key is:

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4. Use of Cookies

4.1. We use cookies on our website. Cookies are small text files which our web server sends to your browser when you visit our website and which are stored on your computer for subsequent visits.

4.2. Apart from the cookies described in clause 5, we also use what are known as session cookies (also referred to as temporary cookies), i.e. cookies which are temporarily stored solely for the time during which you use our website. The purpose of these cookies is to continue to identify your computer during a visit to our website when you switch from one of our web pages to another and to determine when your visit ends.

4.3. The cookies are deleted as soon as your browser session ends.

4.4. You can choose whether cookies can be installed and used by adjusting your browser settings. In your browser you can completely deactivate storage of cookies, you can limit it to specific websites, or configure your browser such that it automatically informs you when a cookie is about to be installed and asks you to choose. For technical reasons, however, it is necessary for you to allow session cookies for our website to function fully.

4.5. In this context we do not collect or save personal data in cookies. Also we do not use any technology which links information obtained through cookies to user data.

5. Use of Google Analytics

5.1. It is important that our website construction is as good as possible and therefore attractive to our users. To achieve this we need to know which parts of our website appeal to our visitors and why.

5.2. This website uses Google Analytics, a web analysis service offered by Google Inc. ("Google"). Google Analytics also uses cookies, which are text files that are stored on your computer to allow analysis of your use of the website. The information concerning your use of this website that is generated by the cookies is generally transmitted to a server operated by Google in the USA and stored there. If IP anonymization is activated on this website, Google will truncate your IP address within Member States of the European Union, as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases is your full IP address transmitted to a Google server in the USA and stored there. Google uses this information on our behalf to analyze your use of the website, compile website activity reports, and provide further services associated with use of both the website in particular and the Internet in general to us as the website operator.

5.3. The IP address transmitted from your browser as part of Google Analytics is not compiled with other Google data.

5.4. You can adjust your browser software settings to prevent cookies from being stored; if you do so, however, please be aware that you then may not be able to use the full scope of functions offered by this website.

5.5. You can also prevent the collection of data generated by the cookies and related to your use of the website (including your IP address) and the processing of these data by Google by downloading and installing the browser plug-in provided at the following link: http://tools.google.com/dlpage/gaoptout.

5.6. Further information on the terms of use and data protection concerning Google Analytics can be found here:
http://www.google.com/analytics/terms/us.html or www.google.de/policies/privacy/partners/.

5.7. We would like to point out that on this website, Google Analytics has been extended with the code "anonymizeIp" in order to ensure that IP addresses are collected anonymously.

6. Social Plugins

We use what are known as social plugins on our website. To protect your Data, social plug-ins are integrated in our website using a 2-click solution. This means that when you load a page from our website which contains a social plugin, it does not establish a connection to the respective social plugin provider’s servers and there is therefore no transmission of Data to the respective provider. A connection to the respective social plugin provider’s servers is only established when you activate the social plugin with the first click and thereby consent to your Data being transmitted, as detailed below for the individual social plugins we use.

6.1. Twitter

6.1.1. We use social plugins from Twitter Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA (“Twitter”).

6.1.2. The first time you click on Twitter’s social plugin on one of our web pages, your browser will establish a direct connection to Twitter’s servers. This informs Twitter that your browser has loaded the corresponding page even if you don’t have a Twitter account, or have one but are not logged on. Your browser will transmit this information (including your IP address) and any other information, as applicable, direct to a Twitter server in the USA and to other countries outside the European Union and/or the European Economic Area, as applicable, which do not have a level of data protection comparable to that in the European Union or the European Economic Area, and store it there.

6.1.3. If you have a Twitter account and are logged on to Twitter, Twitter can allocate your visit to our website to your account. Click on Twitter’s social plugin a second time and the corresponding information is then transmitted direct to a Twitter server in the USA, stored there and also published on your Twitter account and shown to your followers there.

6.1.4. Please refer to Twitter’s data protection information which can be downloaded from https://twitter.com/privacy for details about Twitter’s collection and use of your Data and optional settings to protect your Data.

6.2. Instagram

6.2.1. We use social plugins from Instagram Inc. 181 South Park Street, Suite 2, San Francisco, CA 94107, USA (“Instagram”).

6.2.2. The first time you click on Instagram’s social plugin on one of our web pages, your browser will establish a direct connection to Instagram’s servers. This informs Instagram that your browser has loaded the corresponding page even if you don’t have an Instagram account, or have one but are not logged on. Your browser will transmit this information (including your IP address) and any other information, as applicable, direct to an Instagram server in the USA and to other countries outside the European Union and/or the European Economic Area, as applicable, which do not have a level of data protection comparable to that in the European Union or the European Economic Area, and store it there.

6.2.3. If you have an Instagram account and are logged on to Instagram, Instagram can allocate your visit to our website to your account. Click on Instagram’s social plugin a second time and the corresponding information is then transmitted direct to an Instagram server in the USA, stored there and also published on your Instagram account and shown to your contacts there.

6.2.4. Please refer to Instagram’s data protection information, which can be downloaded from https://help.instagram.com, for details about Instagram’s collection and use of your Data and optional settings to protect your Data.

6.3. Facebook

6.3.1. We use social plugins from Facebook Inc. 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).

6.3.2. The first time you click on Facebook’s social plugin on one of our web pages, your browser will establish a direct connection to Facebook’s servers. This informs Facebook that your browser has loaded the corresponding page even if you don’t have a Facebook account, or have one but are not logged on. Your browser will transmit this information (including your IP address) and any other information, as applicable, direct to a Facebook server in the USA and to other countries outside the European Union and/or the European Economic Area, as applicable, which do not have a level of data protection comparable to that in the European Union or the European Economic Area, and stored there.

6.3.3. If you have a Facebook account and are logged on to Facebook, Facebook can allocate your visit to our website to your account. Click on Facebook’s social plugin a second time and the corresponding information is then transmitted direct to a Facebook server in the USA, stored there and also published on your Facebook account and shown to your Facebook friends.

6.3.4. Please refer to Facebook’s data protection information which can be downloaded from https://www.facebook.com/policy.php for details about Facebook’s collection and use of your Data and optional settings to protect your Data.

7. Newsletter

7.1. Under data protection law we require your consent so you can subscribe to our e-newsletter service.

7.2. We use the double opt-in method for newsletter dispatch, i.e. we will only send you the newsletter if you first confirm you have subscribed by clicking on a link contained in a confirmation e-mail sent to you for this purpose. We want to ensure that only you, as the owner of the stated e-mail address, can subscribe to the newsletter. You must provide confirmation quickly after receiving our confirmation e-mail, as otherwise your newsletter subscription will be automatically deleted from our database.

7.3. You can unsubscribe from one of our newsletters at any time. You can either e-mail us at booking@jetapp.com or unsubscribe using the link at the end of the newsletter.

8. Right to Cancellation and Right of Objection

8.1. We would like to inform you that you can withdraw any consent under data protection law you may have given us, at any time, with future effect.

8.2. You can also object at any time to any creation of user profiles by us within the scope of this data protection statement for advertising and marketing purposes and for demand-based design of our website.

8.3. This is best done by e-mailing booking@jetapp.com.

9. Data Security

9.1. We also use technical and organizational security measures to protect any incidental or collected Data, in particular against accidental or intentional manipulation, loss, destruction or unauthorized access. Our security measures are continually improved in accordance with technological developments.

9.2. The ordering process, especially inputting of payment and credit card details, is encrypted using SSL technology to prevent unauthorized third-party access.

Legal Notice

JetApp GmbH
Marktplatz 5
70173 Stuttgart, Germany

Telephone: +49 (0)711 650002
Fax: +49 (0)711 6201948
E-mail: booking@jetapp.com

Managing Director: Philipp Schlüren

JetApp GmbH is registered in the Stuttgart District Court Commercial Register under no. HRB 760820.

VAT no.: DE312789966

The European Commission provides a platform for online dispute resolution (ODR), which can be found at the following link: http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve disputes.

JetApp has not affiliated itself with any arbitration board organized under private law and takes part with binding effect in the dispute resolution proceedings by the official “Schlichtungsstelle Luftverkehr beim Bundesamt für Justiz, Adenauerallee 99-103, 5311 Bonn,
https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/Luftverkehr/Schlichtungsstelle_node.html
https://www.bundesjustizamt.de/DE/Themen/Buergerdienste/Luftverkehr/Service/Formulare/Formulare_node.html
.