Article 1. Terms and definitions

1.1.

The headings in the General Terms and Conditions are only for transparency and are not relevant for interpretation or for making claims for damage.

1.2.

1.1 Unless the wording or the context requires a different interpretation, the following terms have the meaning assigned to them below:

a)

“We”, “our”, “us”: refers to Pro Sky AG, Schanzenstraße 6-20, 51063, Cologne – Germany as the Flight Organizer.

b)

“You”, “your”: refers to the passenger named in the booking confirmation or itinerary emailed to you when you have made your booking.

c)

"Flight Organizer": refers to Pro Sky AG that shall offer seats on flights chartered from international airlines, in order to improve the accessibility of trade fairs for visitors and exhibitors.

d)

"Passenger": is any person, except crewmembers, who according to their confirmation/itinerary, will or should be carried in a flight organized by Pro Sky.

e)

"Carrier" or “Airline”: is the carrier who transports the passenger and/or the passenger’s luggage as stated on the booking confirmation/itinerary and whose Airline Designator Code appears on the booking confirmation/itinerary. Pro Sky is not a Carrier.

f)

“Flight Program” : is a collection of flights organized by Pro Sky and chartered from international carrier with the only end of improve the accessibility of a specific trade fairs.

g)

“Booking confirmation” or “itinerary”: refers to the document sent to the email address used in your booking. The booking confirmation or itinerary sets out the passengers’ names, flights, dates, timings and routes of the flights you have booked, the fares and its conditions.

h)

"Fare": is the final price, which you must pay for the flight which you have booked and is comprised of the Flight Fare and the additional charges.

i)

“Luggage”: is your personal property, which you are taking with you on your journey. Unless otherwise stated, this comprises:

• Carry-on luggage: luggage you take with you on the plane and is not checked in

• Checked-in luggage: luggage you check in to be carried in the hold, and which we give you a luggage identification tag for.

j)

"Force Majeure": refers to unusual and unforeseeable circumstances beyond ours or your control, which could not have been avoided even if all due care had been taken.

Article 2. Purpose and applicable regulations

2.1.

Pro Sky shall offer seats on flights chartered from international airlines, in order to improve the accessibility of trade fairs for visitors and exhibitors, and this will be regulated by the these General Conditions and Conditions.

2.2.

The “Airline Condition of Carriage” regulates how an airline shall carry the passenger and their luggage to the destination specified on the booking confirmation/itinerary. Pro Sky shall make the respective “Airline Condition of Carriage” available to passenger during the booking process and send it together with booking confirmation/itinerary.

2.3.

None of the conditions of “Airline Condition of Carriage” or “Pro Sky General Term and Conditions” shall invalidate any of the passenger's rights provided for by applicable legislation.

Article 3 - Reservations and changes to bookings

3.1.

General

3.1.1.

We will only carry the passengers named in the relevant booking confirmation or itinerary. You must prove your identity.

3.1.2

Your reservation is not transferable.

3.1.3.

The booking confirmation or itinerary constitutes evidence of the contract between you, us and the Carrier that will operate you flight. The conditions contained in the booking confirmation or itinerary are a summary of the provisions of these General Terms and Conditions.

3.1.4

Your reservation is only valid for the flights, carrier, dates and route set out in the booking confirmation or itinerary, and cannot be used with any other carrier or flight program. However, you can change flights dates if the dates are available in the respective flight program where you reservation belongs, you pay the appropriate flight-change fees– insofar as this is specified in the fare conditions – plus any price difference between the total amount you originally paid and the total amount due for the new flights

3.2.

Contact

3.2.1

If we need to contact you, we will do so using the email address you gave when you made the booking, and occasionally by text message to the mobile number, you gave us. Evidence that we sent the email or text message will be considered to be evidence that you received it.

3.3

Personal information

3.3.1.

You accept that you have provided your personal data to us for the following purposes: making a flight booking, obtaining additional services, development and provision of services, facilitating immigration and entry procedures, as well as conveying these data associated to the organization of your journey to government agencies. You authorize us to transmit this information to our own offices, the airline (s) that will perform you flight, government agencies and to any other provider of the above-mentioned services solely for the purposes stated above.

3.3.2.

We check all payment transactions to prevent fraud and any other kind of abuse. We use both internal and external sources to do so. You accept that we also verify clearly identifiable technical features for this purpose. If specific circumstances are detected, we reserve the right to send information (including personal data) to other companies within the Pro Sky Group. They will then also process this information for their own purposes.

Article 4 - Fares, taxes, fees and charges

4.1.

Fares

4.1.1

Fares apply only for carriage from airport of departure to the destination airport and do not include ground transport services between airports or between airports and city centers. Your fare will be in line with our tariffs on the date you pay for your booking. If you change any aspects of your booking, this may affect the amount you have to pay

4.2.

Taxes, Fees and Charges

4.2.1

You shall pay all applicable taxes, fees and other charges imposed by the state or local government or by another authority, or by the operator of an airport with regard to the passenger or services provided to the passenger, in addition to the airfare. When you book our flights, you will be informed of such taxes, fees and other charges that are not included in the fare. They will be displayed in the price breakdown at the time you make your booking.

Article 5 - Currency and payments

5.1

Currency

5.1.1

You must pay fares, taxes, fees and charges in Euros (EUR), unless we specify another currency when (or before) you make your payment.

5.1.2

Payment with credit cards may be affected by exchange fluctuation between the time you make your booking and the time your card provider converts the currency. This is because the currency is usually converted a number of days after the date the booking is made.

5.2.

Payment

5.2.1.

Unless otherwise stated, the fare is due as soon as the booking process is finalized.

5.2.2.

The payment methods available are displayed in our booking page.

5.2.3

If we have accepted the method of payment which you have chosen, the Total Fare is deemed as provisionally paid, until we ascertain or have reasonable grounds to suspect that:

a)

the credit card or PayPal details provided by you are incorrect or incomplete,

b)

you are not the authorized owner of the credit card, PayPal or bank account,

c)

for any other reason you are not entitled to access PayPal or credit card, either completely or to an extent which will prevent you from honoring your financial commitment to us,

d)

the credit card company or PayPal does not grant payment of the amount requested by us on the basis of the debit authorization you granted us,

e)

the amount which we debit from your credit card or PayPal is transferred back into your account either in full or in part, or the monies are returned to you in whatever way,

5.2.4

Until the Fare is paid in full, we have the right to refuse to provide all of the services which we have agreed to provide in this agreement, in particular to refuse to carry you.

Article 6. Seating, check-in and boarding

6.1.

Seating

6.1.1.

Advance seat reservation is not available, unless otherwise defined in your fare conditions. If this service is available, you may choose, if available, a specific seat category (aisle, window or middle seat).

6.1.2.

The Airline and Pro Sky can change a passenger’s seat at any time, even after they have boarded the plane, if this is necessary for safety or security reasons, or for operational reasons.

6.2.

Check-in

6.2.1

You must check in at airport, online check-in is not available. We recommend that you arrive at check-in desks two hours before departure.

6.2.2

You must produce valid official photo-ID document, which match the details on your booking confirmation, at check-in counters.

6.2.3

All relevant information regarding your flight (Airline, flight number, designated check-in counter and boarding gate) will be displayed on the official information boards at the airport.

6.2.4

The check-in desks open two hours before the scheduled departure time. Passengers who have not arrived at the check-in desk and presented themselves to the check-in staff by at the latest 45 minutes before the scheduled departure of their flight will no longer be able to be checked-in.

6.3.

Boarding

6.3.1

You must be present at the boarding gate no later than the time specified in your boarding card. We have the right to cancel your booking if you fail to arrive at the boarding gate in time.

6.3.2

You must produce valid official photo-ID document, which match the details on your boarding card, at airport security and at the boarding gate.

Article 7. Luggage and Excess Luggage

7.1

Free luggage and Excess luggage

7.1.1

Based on the applicable tariff, you can take a limited number of luggage items with you on board as part of your luggage allowance. Your free luggage allowance is shown on your booking confirmation and can also be obtained from us. You will be required to pay a charge for the carriage of luggage in excess of your free luggage allowance and for special luggage. The rates that apply in these instances are available from us.

7.1.2

We request that you refuse to take any luggage on board that you have received from strangers either in your carry-on luggage or checked luggage.

7.2

Items that will not be accepted as Luggage:

7.2.1

Your luggage must not contain items which could be used to endanger the aircraft or people or property on board. These are individually listed in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA). This applies in particular to:

7.2.1.1

 Articles prohibited from being carried in the aircraft cabin

a)

Guns, firearms and weapons - any object capable, or appearing capable of discharging a projectile or causing injury including:

• All firearms (pistols, revolvers, rifles, shot guns etc.)- Replica and imitations firearms

• Component parts of firearms (excluding telescopic sighting devices / sights)

• Air pistols, rifles and pellet guns

• Signal flare pistols

• Starter pistols

• Toy pistols of all types

• Ball bearing guns

• Industrial bolt and nail guns

• Cross bows

• Catapults

• Harpoon and spear guns

• Animal humane killers

• Stun or shocking devices e.g. cattle prods, ballistic conducted energy weapons (taser)

• Lighters shaped like a firearm

b)

Pointed / edged weapons and sharp objects - pointed or edged articles capable of causing injury, including:

• Axes and hatches

• Arrows and darts

• Crampons

• Harpoons and spears

• Ice picks

• Ice skates

• Lockable or flick knives with blades of any length

• Knives made of metal or any other material strong enough to be used as a potential weapon with blades of any length

• Meat cleavers

• Machetes

• Open razors and blades (excluding safety or disposable razors with blades enclosed in cartridge)

• Sabres, swords and swordsticks

• Scalpels

• Scissors

• Ski and walking / hiking poles

• Throwing stars

• Tradesman's tools that have the potential to be used as a pointed or edged weapon e.g. drills and drill bits, box cutters, utility knives, all saws, screwdrivers, crowbars, hammers, pliers, wrenches / spanners, blow torches.

c)

Blunt instruments - any blunt instrument capable of causing injury, including:

• Baseball and softball bats

• Clubs or batons rigid or flexible - e.g. Billy clubs, blackjacks, night sticks and batons

• Cricket bats

• Golf clubs

• Hockey sticks

• Lacrosse sticks

• Kayak and canoe paddles

• Skateboards, hoverboards

• Billiard, snooker and pool cues

• Fishing rods

• Martial arts equipment e.g. knuckle dusters, clubs, coshes, rice flails, num chucks, kubatons, kubasaunts

d)

Explosives and flammable substances - any explosive of highly combustible substance which poses a risk to the health of passengers and crew or the security of aircraft or property, including:

• Ammunition

• Blasting caps

• Detonators and fuses

• Explosives and explosive devices

• Replica or imitation explosive material or devices

• Mines and other explosive military stores

• Grenades of all types

• Gas and gas containers e.g. butane, propane, acetylene, oxygen - in large volume.

• Fireworks, flares in any form and other pyrotechnics (including party poppers and toy caps)

• Strike anywhere matches

• Smoke generating canisters or cartridges

• Flammable liquid fuel e.g. petrol / gasoline, diesel, lighter fluid, alcohol, ethanol

• Aerosol spray paint

• Turpentine and paint thinner

• Alcoholic beverages exceeding 70% by volume

e)

Chemical and toxic substances - any chemical or toxic substance which poses a risk to the health of passengers and crew or the security of aircraft or property, including:

• Acids and alkalis - e.g. spillable “wet” batteries

• Corrosive or bleaching substances – e.g. mercury, chlorine

• Disabling or incapacitating sprays – e.g. Mace, pepper spray, tear gas

• Radioactive material - e.g. medicinal or commercial isotopes

• Poisons

• Infectious or biological hazardous material – e.g. infected blood, bacteria and viruses

• Material capable of spontaneous ignition or combustion

• Fire extinguishers

7.2.1.2

Articles prohibited from being placed in hold luggage

• Explosives, including detonators, fuses, grenades, mines and explosives

• Gases: propane, butane

• Flammable liquids, including gasoline, methanol

• Flammable solids and reactive substances, including magnesium, firelighters, fireworks, flares

• Lighters, electronic cigarettes

• Oxidizers and organic peroxides, including bleach, car body repair kits

• Toxic or infectious substances, including rat poison, infected blood

• Radioactive material, including medicinal or commercial isotopes

• Corrosives, including mercury, vehicle batteries

• Vehicle fuel system components which have contained fuel

7.2.1.3

 Items, whose carriage is forbidden owing to the national legislation or official regulations of a country, via which or to which the aircraft is flying.

7.2.1.4

Items which are justifiably judged by us or the Airline as unsuitable for carriage in the type of aircraft being used for the flight, because they are dangerous, or because of their weight, odor or content, their size or shape or because they are in any way delicate, fragile or perishable, or because they will unacceptably affect the comfort of other Passengers.

7.2.1.5

Firearms and explosives, handguns, automatic weapons, ammunition including blanks, gun sights, fireworks, flares, smoke canisters and fire-crackers.

7.2.1.6

If you are unsure about what items you may take with you, please call us or ask at the check-in desk.

7.2.2

You must notify us before starting your trip if you are carrying weapons of any kind on your person or in your luggage, in particular (a) side arms and sprays used for offensive or defensive purposes, (b) munitions and explosives, (c) articles which, judging by their outward appearance or markings, appear to be weapons, munitions or explosives. We accept such articles for carriage only if they are carried as cargo or checked luggage in accordance with the regulations governing the carriage of dangerous goods. Sentence 2 does not apply to police officers who, in the performance of their official duties, are required to carry arms. During their flight, they must hand over their weapons to the captain.

7.2.3

Weapons of any kind, in particular side arms and sprays. Sports weapons may be permitted as luggage at our discretion. They must be unloaded and have the safety catch on. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 7.2.1.

7.2.4

Your checked luggage must not contain any fragile and perishable items as well as items of particular value, such as money, pieces of jewelry, precious metals, jewels, computers, laptops, cameras, mobile cell phones, lithium-ion batteries and rechargeable batteries, or other electronic devices, securities, effects are allowed in the checked-in luggage of the passenger as well as other valuables or business papers, samples, identification papers, house and car keys, medicines and / or med. Aids (hearing aids, braces, glasses) that the passenger needs are not included.

7.2.5

Separate lithium batteries or rechargeable lithium batteries (commonly used in electronic consumer goods such as, for example, laptop computers, mobile phones, watches, and cameras) may only be carried in carry-on luggage. A maximum of two separate lithium batteries or rechargeable lithium batteries with a watt rating not exceeding 160 Wh may be carried as spare batteries for electronic consumer goods. The carriage of separate batteries or rechargeable batteries with a watt rating between 100 Wh and 160 Wh requires previous approval from the airline. Further details about the carriage of batteries and rechargeable batteries can be found in the International Dangerous Goods Regulations of the International Civil Aviation Organization – ICAO – which can be reviewed directly on the ICAO website under Dangerous Goods.

7.2.6

We or the Airline are not liable for any items referred to in 7.2, if these, despite being prohibited, are deliberately included in your checked luggage.

7.3

Right to Refuse Carriage

7.3.1

In accordance with paragraphs 7.2, we will refuse to carry as luggage any item described in paragraph 7.2.; should the presence of any such item be discovered during carriage, we or the Airline may refuse further carriage.

7.3.2

We or the Airline may refuse to carry as luggage any item that we deem unsuitable for carriage because of its size, shape, weight, content, character, or for safety reasons, or because it may negatively affect the well-being of other passengers. Information about items unsuitable for carriage is available upon request.

7.3.3

The Airline may refuse to accept luggage for carriage when it is not properly and suitably packed in suitcases or other similar containers to ensure secure and safe transport when subjected to the customary care in handling.

7.4

Search of Passengers and luggage

7.4.1

For reasons of safety and security, we or the Airline may require you to permit a search or screening of your person and your luggage, as well as an X-ray of your luggage. If you do not agree to a search of your person or luggage to determine the presence of articles which are inadmissible or which have not been presented in compliance with paragraph 7.3., we or the Airline may refuse to carry you and your luggage; your right to compensation in such cases will be limited to the refund of the airfare in accordance with Article 9.2 of these Conditions of Carriage.

7.5

Checked luggage

7.5.1

The Airline will take care of your checked luggage when you hand it over to them. The Airline will register it in your ticket, which will represent your luggage receipt. If the Airline issue a luggage identification tag in addition to the luggage receipt, this is for identification purposes only.

7.5.2

Checked luggage must have your name or other personal identification affixed to it.

7.5.3

Checked luggage will be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight (the next one, when possible). If your checked luggage is carried on a subsequent flight, we will deliver it to you at the place you are staying, unless your presence is required for customs clearance.

7.6

Carry-on luggage

7.6.1

We may specify the number, maximum weight and maximum dimensions for carry-on luggage. Carry-on luggage must, in all events, fit either under the seat in front of you or in the luggage compartments. If your carry-on luggage does not comply with these conditions or does not meet safety and security requirements, it must be transported as checked luggage.

7.6.2

Items that are not suitable for transport in the cargo hold, such as, for example, delicate musical instruments, and which do not meet the requirements in paragraph 7.6.1. above, will only be accepted for transport in the cabin if you have given us prior notice and we have accepted the item for carriage. We may levy a surcharge for this additional service.

7.7

Return of Checked luggage

7.7.1

You are required to collect your luggage as soon as it is made available to you at your destination or stopover airport.

7.7.2

If a person claiming checked luggage is unable to produce the luggage receipt or identify the luggage by means of the luggage (identification) tag, should one have been issued, we will deliver the luggage to this person only on the condition that their right to collect it has been established to our satisfaction.

7.7.3

If you discover upon arrival at the airport that your baggage is missing or is damaged, please contact the Baggage Service Office of the respective airline and submit a luggage claim.

Article 8. Schedules, Cancellations, Delays and Diversions

8.1.

Schedules

8.1.1

When we accept your booking, the scheduled flight timings and flight numbers in force at the time will be shown in your booking confirmation or itinerary. The flight timings and flight numbers  shown in your booking confirmation or itinerary may change before scheduled departure.

8.1.2

If we change flight timings or numbers before scheduled departure, we will notify you about these changes by e-mail and text message (if you gave us a phone number for this purpose).

8.1.3

If, before the date of travel:

• we make a significant change to the scheduled departure time;

• this is unacceptable to you; and

• we cannot book you on an alternative flight which is acceptable to you;

You will be entitled to a full refund of all amounts you have paid in connection with that flight.

8.2

Delays and Cancellation

8.2.1

We make every effort to avoid delays. In exercising these efforts and in order to prevent flight cancellations, the measures taken may include arranging for your flight on an alternative aircraft or with a different airline.

8.2.2

If your flight is cancelled, your departure is delayed by at least two hours, you may be entitled to compensation and assistance, and also a refund. Your rights in this case, in particular the exact conditions and the type and extent of services are determined by the Regulation (EC) No. 261/2004 of the European Parliament and European Council dated 11.02.2004.

Article 9. Refunds

9.1

Mandatory refunds

9.1.1

If your flight is cancelled, your departure is delayed by at least two hours or you are denied boarding, you may be entitled to a refund. Your rights in this case, in particular the exact conditions and the type and extent of services are determined by the Regulation (EC) No. 261/2004 of the European Parliament and European Council dated 11.02.2004.

9.1.2.

The mandatory refund will be equal to the fare you paid for the particular flight you can’t take plus any associated taxes, fees and charges that you paid.

9.2

Fare refunds

9.2.1.

If you request a refund for reasons other than those set out in section 9.1, this refund – insofar as this is specified in the fare conditions – shall be equal to the fare you paid for the particular flight you will take and want to cancel less any applicable fees

9.2.2.

We may refuse a refund when the respective application is made after the end of the flight program to which your flight belongs.

9.3.

Exceptional circumstances

9.3.1

If you are unable to travel due to exceptional circumstances, you can claim a refund equal to the fare you paid for the particular flight (or flights) you don’t take as a result, plus any associated taxes, fees and charges that you paid. The following contingencies will be considered exceptional circumstances, will be studied on a case-by-case basis and will be individually governed by their respective conditions:

a)

Death of the passenger or an immediate family member can be certified by providing the death certificate within thirty (30) days of the departure date.

b)

Serious illness or surgery of the passenger or an immediate family member can be certified by providing a medical certificate that states that the passenger or relative cannot fly due to serious illness or surgery within thirty (30) days of the departure date.

9.3.2

For the purpose of this clause, an immediate family member would be a:

a)

husband, wife or civil partner

b)

child or stepchild;

c)

parent or step-parent;

d)

brother, sister, stepbrother or stepsister;

e)

grandparent or grandchild; or

f)

mother-in-law, father-in-law, brother-in-law or sister-in-law.

9.4

Processing refunds

9.4.1.

Refunds paid with credit cards or PayPal can only be credited to credit cards or PayPal accounts originally used for the flight purchase. The refundable amount to be paid will, in accordance with the rules stated within this article, correspond solely to the amount and the currency entered on the booking confirmation or itinerary. The refunded amount received by the credit card or PayPal holder by means of a credit to his credit card or PayPal account may differ from the original amount debited to the credit card company or PayPal for the refunded flight due to fees levied as well as differences in conversion applied by the credit card company or PayPal. Such variances do not entitle the recipient of the refund to a claim against us.

Article 10. Administrative formalities

10.1

General

10.1.1

You are responsible for acquiring all of the necessary travel documents and respecting all applicable laws, regulations, orders, directives and travel requirements of the countries in to which, from which and through which you are travelling.

10.1.2

We will not be liable for the consequences of you not getting all the travel documents and visas you need, or not keeping to all relevant laws, regulations, orders, demands and travel requirements.

10.2

Travel documents

10.2.1

Before the start of your journey you must submit all exit, entry, health and other documents, which are required by the country concerned by way of its laws, regulations, orders, demands or other requirements, and you must allow the us and the airline to make and keep photocopies of these documents. The Airline reserve the right to deny carriage to you if you do not meet these requirements or your travel documents do not appear to us to be in order.

10.3

Responsibility for fines, detention costs, etc

10.3.1

If we or the Airline are required to pay a fine or to pay detention costs, or other expenditure on account of your failure to respect or abide by the laws, regulations, orders, directives or other travel requirements of the countries concerned, or your failure to produce the necessary documentation, you are obliged to reimburse us on demand any expenses incurred by us. We may use the value of the unused portion of your ticket or your property which is in our custody as part settlement of this payment.

10.3.2

If you are refused entry into a country, you are responsible for paying us for the cost of carrying you out of that country. The price payable for carriage to the place where entry was refused or denied will not be refunded by us.

10.4

Customs and Security inspection

10.4.1

If required, you must allow customs or government officials to search your luggage. We are not responsible for loss or damages which you suffer as a consequence of this search or as a consequence of your failure to comply with this demand.

10.4.2

You must agree to any security checks required by the airline or authorized representatives of any government or airport authorities.

Article 11. Claims procedure

11.1

Claims under EU Regulation 261/2004

11.1.1

Passengers must submit claims directly to Pro Sky and allow us 28 days (or such time as required by Applicable Law, if less) to respond directly to them before engaging third parties to claim on their behalf. You may submit claims by email:

• customer.relations@pro-sky.com

11.1.2

Save as set out in 11.1.3 and 11.1.4 below, we will not process claims submitted by a third party if the Passenger concerned has not submitted the claim directly to us and allowed us time to respond, in accordance with section 11.1.1 above;

11.1.3

Subsections 11.1.1 and 11.1.2 above will not apply to Passengers who do not have the capacity to submit claims themselves. The legal guardian of a Passenger who lacks capacity may submit a claim to us on their behalf. We may request evidence that the legal guardian has authority to submit a claim on the Passenger’s behalf;

11.1.4.

A Passenger may submit a claim to us on behalf of other Passengers on the same Booking. We may request evidence that the Passenger has the consent of other Passengers on the Booking to submit a claim on their behalf;

11.1.5

In any event, except for 11.1.3 and 11.1.4 above, we will not process claims submitted by a third party unless the claim is accompanied by appropriate documentation which shows us the authority of the third party to act on behalf of the Passenger;

11.1.6

Passengers are not prohibited by this section from consulting legal or other third party advisers before submitting their claim directly to us; and

11.1.7

In accordance with our procedures, any payment or refund will be made to the credit card or PayPal account used to make the booking.

11.2

Claims regarding personal injury, death or checked-in luggage

11.2.1.

The “Conditions of Carriage”of the airline that will perform your flight regulate the liabilities and claim procedures regarding personal injury, death or checked-in luggage. We will make this document available during the booking process, make sure you have revised it before you have finished the booking process. You will receive the airline “Conditions of Carriage” together with your booking confirmation.

11.3.

Assignment

11.3.1

The assignment of any right to compensation, damages or refund shall only be valid where the right is assigned to:

a)

natural persons that are registered in your flight booking as additional passengers and/or,

b)

if you are a member of a travel group, to other passengers of this travel group and/or,

c)

where the customer is a minor or otherwise not legally competent, to their guardians.

11.3.2

In all other cases the assignment of any right to compensation, damages or refund against us to third parties shall be invalid. This prohibition of assignment does not apply where assignment or subrogation of the claim is required by law.

Article 12. Choice of law and jurisdiction

12.1

This Agreement shall be governed by German law, and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The Parties agree that the courts in Cologne, Germany, shall have exclusive international and local jurisdiction for any disputes arising from or in connection with this Agreement.

Annex 1. Passenger Rights

If your flight has been cancelled or significantly delayed or if you have been denied boarding on a flight for which you have a confirmed reservation, you are entitled to the rights defined in Regulation (EC) No 261/2004, which entered into force on 17/02/2005. The airline on whose flight the disruption occurs is responsible for granting your rights.

Validity

The Regulation shall apply

• to passengers whose scheduled flight leaves from an EU Member State or passengers whose scheduled flight is with an EU airline and leaves from a third country to arrive in an EU country, provided that the passengers have not received any compensation or financial support in this third country,

• only on the condition that you have a confirmed reservation on the flight concerned

• only (except in the case of a cancelled flight) on the condition that you present yourself for check-in at the specified time or, if no time has been specified, no later than 45 minutes before the published departure time,

• only on the condition that you are travelling at a fare that is available to the public.

Delays

According to Regulation (EC) 261/2004, a delay is deemed to have occurred when the scheduled departure time is delayed by at least four hours in the case of flights of more than 3,500 km, by at least three hours in the case of flights of between 1,500 and 3,500 km and flights of more than 1.500 km within the EU, and by two hours in the case of flights of up to 1,500 km. When your flight is expected to be significantly delayed, you have the right to receive care from the airline.

This includes: meals and refreshments in reasonable relation to the waiting time, possibly hotel accommodation including transport costs, and the opportunity to make two brief telephone calls or to send two faxes or e-mails. The airline is not required to provide this care if you are responsible for a further delay of your departing flight. In the case of delays of more than five hours, you have the right to have the cost of your ticket refunded within seven days in the amount of the travel not completed or in the amount of the travel already completed if the purpose of the travel was not accomplished due to the delay, and, if applicable, to a return flight to the point of first departure at the earliest opportunity.

You have the right to compensation if your arrival at the destination airport is delayed by more than three hours and the delay cannot be attributed to extraordinary circumstances that could not have been avoided by taking all reasonable measures; such circumstances include, for example, poor weather conditions, political instability, strikes, security risks, and unexpected deficiencies in flight safety.

Overbooking

If, in the event of overbooking, you are involuntarily denied boarding on a flight you have booked, you have the right to care from the airline as described above under "Delays". In addition, you shall be offered re-routing to the final destination of your booked flight. This re-routing shall take place at the earliest opportunity and under comparable conditions.

Subject to available seating, you may, instead, travel to your final destination at a later date/time of your choosing, in which case the costs of meals/refreshments, hotel, and transport between the hotel and airport shall be borne by you.

If you are involuntarily or voluntarily denied boarding, you have the right to an alternative flight or to reimbursement and compensation, which can also be provided by cheque or bank transfer or, with your consent, in the form of a gift card. The amount of this payment depends on the distance of the planned route and on the re-routing that has been offered to you: In the case of flight distances

• of up to 1,500 km, the compensation is €250,

• between 1,500 and 3,500 km and for flights of more than 1,500 km within Europe, the compensation is €400

• of more than 3,500 km, the compensation is €600.

 The distance is calculated based on the last destination at which the passenger arrives later than the planned arrival time as a result of being denied boarding or the flight being cancelled.

If you are offered an alternative flight and the arrival time is not later than two hours after the planned arrival time of the originally booked flight for flights of up to 1,500 km, not more than three hours after the planned arrival time for flights between 1,500 and 3,500 km, and not more than four hours after the planned arrival time for flights of more than 3,500 km, the compensation shall only be 50% of the above-mentioned payment amounts, i.e. €125, €200, or €300.

You are not entitled to the compensation described above if you are justifiably denied boarding through your own fault, for health or safety-related reasons, or due to missing or insufficient travel documents.

Cancellation

If the flight for which you have a confirmed reservation is cancelled, you have the same rights to re-routing, care, reimbursement, and compensation as described above.

However, you are not entitled to compensation as per the EU Regulation if the incident can be attributed to extraordinary circumstances that could not have been avoided by taking all reasonable measures. Such circumstances include, for instance, poor weather conditions, political instability, strikes, security risks, and unexpected deficiencies in flight safety.

Likewise, you are not entitled to compensation if

• you are informed of the cancellation at least 14 days before departure

• you are informed of the cancellation between 14 days and 7 days before departure and your departing flight leaves no more than two hours before the original departure time and/or you arrive no more than four hours after the planned arrival time

• you are informed of the cancellation less than seven days before departure and your departing flight leaves no more than one hour before the original departure time and/or you arrive no more than two hours after the planned arrival time.

Downgrading

If you are downgraded to a lower class, you have the right to receive compensation within seven days. The amount of this payment depends on the planned route and the ticket price paid per segment; in the case of flight distances

• of up to 1,500 km, the compensation is 30% of the ticket price paid per segment

• between 1,500 and 3,500 km and for flights of more than 1,500 km within Europe, the compensation is 50% of the ticket price paid per segment

• of more than 3,500 km, the compensation is 75% of the ticket price paid per segment.

If you believe that you can raise a justified claim against Pro Sky based on the aforementioned conditions, please send a email to: customer.relations@pro-sky.com