GTC

General Terms and Conditions of Chair Airlines AG

1. Booking
Flight tickets can be booked via the Internet‚ phone or e-mail (Chair Airlines Service Center at booking@chair.ch‚ telephone number +41 44 577 61 00)‚ through a travel agency or at the ticket windows commissioned by Chair Airlines. At the time of booking‚ passengers must provide an address‚ a telephone number and an e-mail address at which they can be reached in the period between the booking and the completed execution of the booked carriage for communication of information (among other things as set out in Article 11 para. 3 of Directive (EC) No. 2111/2005 and Article 5 para. 1 c) of Directive (EC) No. 261/2004).

Subject to seat availability‚ the latest time of booking shall be three hours prior to departure. After this time‚ flights can only be booked via the Chair Airlines Service Center at servicecenter@chair.ch or telephone number +41 44 577 61 02‚ subject to seat availability. A booked flight is valid only for the passengers specified at the time of booking and is not transferrable unless provided for otherwise in these General Terms and Conditions. At the time of booking‚ the actual first and last names of the passengers‚ substantiated by official identification (passport‚ identity card‚ children’s passport‚ etc.) must be provided.

2. Tariff packages
For your convenience‚ Chair Airlines offers three tariff packages:
2.1 Basic
The Basic Package includes carry-on luggage. With this package‚ you cannot rebook or cancel tickets and you cannot substitute members of your travel group.
2.2 Flex
The Flex Package includes carry-on luggage and up to 23 kg of checked-in baggage. Seat reservations are subject to a fee. For CHF 50 plus the difference between the tariffs you can change your ticket up to 48 hours prior to departure. With this package‚ you cannot cancel your tickets or substitute members of your travel group. 
2.3 Comfort
The Comfort Package includes the Flex Package services as well as the opportunity to reserve your seat at no additional cost. The Comfort Package includes Priority Services. You can change your ticket up to 48 hours prior to departure and you will pay only the difference between the tariffs. Tickets can be cancelled up to 48 hours before departure and your Chair Airlines customer account will be reimbursed 100% of the price. Name changes are not permitted.

3. Travel documents
No paper tickets will be issued or delivered. After booking‚ passengers receive a booking confirmation by e-mail including the booking code that must be provided at check-in together with the passenger’s valid identification‚ visa‚ etc. and‚ if applicable‚ the required health certificates (medical certificates‚ inoculation certificates‚ etc.) (“Travel Documents”).

4. Prices/Right to adjust prices
The services and prices confirmed at the time of booking apply and are valid only for carriage between the booked point of departure and destination for the passengers and the times indicated in the booking confirmation. Payment is due at the time of booking. Some countries may levy taxes and other duties directly from passengers through their authorities or by airport companies. Such taxes and duties are not included in the airfares and must be paid separately by passengers.

Chair Airlines reserves the right to increase the airfare confirmed at the time of booking retroactively if the contract was entered into more than four months before the agreed-upon travel date and the circumstances necessitating an increase in the airfare did not exist at the time the contract was entered into and could not be foreseen or prevented by Chair Airlines. An increase in airfares is admissible if passenger-related airport or other fees‚ supplements and/or duties are introduced or are increased retroactively by 10% or more and if the affected passenger is notified no later than on the 21st day prior to departure. All passenger-related increases will be allocated to the passengers directly. In the event of price increases of more than 5% of the total airfare implemented after the date the contract was entered into‚ passengers can withdraw from the contract free of charge. Passengers must assert such right towards Chair Airlines promptly after having been notified by Chair Airlines about the increase in prices.

5. Payment    
Type of payment
Airfares for Chair Airlines can be paid for through any credit card accepted by Chair Airlines‚ via bank transfer‚ or after receipt of the respective invoice. Chair Airlines reserves the right to exclude types of payment in general or for specific customers. By selecting a type of payment‚ the customer accepts the terms applicable to the respective type of payment.

5.1 Credit cards
Passengers shall be responsible for providing Chair Airlines with the number of a valid credit card that is not incorrect‚ incomplete or has been manipulated otherwise. Otherwise‚ Chair Airlines cannot guarantee the price or the booking. In this case‚ Chair Airlines is entitled to commission a collection agency to collect the receivables. Passengers who are unable or unwilling to pay will be reported to the relevant entities and/or authorities (SCHUFA‚ authority/office for the enforcement of payment (Betreibungsamt)‚ etc.).

5.2 Bank transfer
In the event of non-payment or delayed payment via bank transfer‚ Chair Airlines is entitled to refuse delivery of any and all services to be provided including‚ but not limited to‚ passenger transportation. In this case‚ Chair Airlines is entitled to commission a collection agency to collect the receivables. Passengers who are unable or unwilling to pay will be reported to the relevant entities and/or authorities (SCHUFA‚ authority/office for the enforcement of payment (Betreibungsamt)‚ etc.).

5.3 Fees
The types of payment offered at www.chair.ch are free of charge. Availability depends on the city of departure or the passenger’s habitual residence.
In the case of chargeback‚ that is‚ if the credit institution or credit card company indicated by the passenger charges back the relevant amount in whole or in part or if such amount is asserted in any other way Chair Airlines will charge a CHF 40 chargeback/damage fee per booking. In each of the cases specified above‚ passengers have the right to prove that Chair Airlines has incurred no damage or less damage.

6. Seat reservation
Seat reservations can be requested on Chair Airlines’ website directly at the time of booking or retroactively from the Chair Airlines Service Center at servicecenter@chair.ch or telephone number +41 44 577 61 02. Passengers who have not made a seat reservation subject to a fee are not entitled to a specific seat and will be allocated a seat at check-in. Please note that unless booked‚ infants between 0 and two years of age are not entitled to a seat. Infants assigned a seat must be in possession of a ticket purchased at child’s airfare and must be secured with a child-restraint system (CRS). For safety reasons‚ CRS only can be used on specific seats and must be registered in advance. Emergency-row seats cannot be reserved because for official safety reasons such seats only can be allocated to passengers who are in a physical condition to handle these seats correctly and to follow the crew members’ instructions. In exceptional cases‚ Chair Airlines is entitled to allocate seats or implement restrictions for safety reasons.

Please note that passengers’ first and last names must be spelled correctly and must be identical to the spelling on the booking confirmation.

The reservation fee varies depending on the seat and will be displayed during the booking process. It must be paid at the time of booking. Payments must be made using one of the methods accepted by Chair Airlines at the time of booking. In the event a reserved seat was not given to the passenger for reasons beyond the passenger’s control including in the rare case an aircraft other than the planned one operates the flight or in the case the flight is operated by another airline‚ the passenger is entitled to reimbursement of the reservation fee. Otherwise seat reservations cannot be cancelled or changed.

7. Changes to booked tickets/passenger substitution/cancellation
7.1 Subject to availability of seats and the respective fee package‚ flight tickets can be changed up to 48 hours prior to departure for a CHF 50 service fee per passenger. Additional costs for switching between fee packages may apply. If the new flight is in a less expensive fee package‚ the original airfare will continue to apply. For changes in the highest "Comfort" class‚ there is no service charge and only the tariff difference will be charged.

7.2 Passenger substitution (name change) is not permitted.

7.3 A cancellation of the flight ticket is only possible with the tariff package "Comfort". Cancellation is possible until 48h before departure and will be 100% refunded to the customer's account and can be credited to the next booking.

8. Group bookings
Tickets for groups of ten up to 30 people can be booked at groups@chair.ch. The following conditions apply:

8.1 Group size
A minimum of 10 people (adults or children older than 2 years of age) travel together on the booked flights (outward and return). Babies under 2 years of age are not included.

8.2 Handling
Bookings can only be made by e-mail to groups@chair.ch. We will make your group booking for you in our booking system. You have to send us the full names of all participants by E-mail no later than 20 days before departure. The name on the ticket must match the entry in the passport or identity card.

8.3 Seat reservations
We are happy to make seat reservations for your group. The fees for this depend on the fare booked and the chosen seats.

8.4 Ticketing
We issue tickets no later than 20 days before departure. For bookings made within the period of 20 days before departure‚ ticketing takes place within 48 hours after booking.

8.5 Payment
You will receive an invoice from us for the total amount. A deposit of 20% of the total amount is due for payment immediately. The group is considered confirmed as soon as the 20% deposit has been paid. The balance must be paid into our account at least 30 days before departure. If the booking is made within 30 days before departure‚ the total amount is due for payment immediately.

8.6 Name change
Name changes are free of charge up to 20 days before departure‚ thereafter a fee of CHF 50 per ticket will be charged.

8.7 Rebooking
In case of a rebooking to another travel date or flight‚ the following fees will be charged:

Rebooking to a lower fare class is only possible if the original fare is retained. It is not possible to change the route or destination.

8.8 Cancellation
In the event of a complete cancellation of the group booking‚ the following cancellation fees apply:

8.9 Reduction of travelers
Up to 60 days before departure‚ a maximum of 20% of the originally confirmed group size can be cancelled free of charge. After this date‚ no further changes to the number of seats are possible.
If the partial cancellation results in less than the minimum number of 10 persons‚ the minimum number of 10 persons will still be charged.

9. Changes/changes to the flight schedule
Before accepting a passenger’s booking request‚ Chair Airlines will inform the passenger of the scheduled times of departure applicable at that time. Chair Airlines may have to change flight schedules after booking and will notify the passenger when possible. In the event of a substantial change that is not acceptable to the passenger and if the passenger cannot be booked on another acceptable flight‚ the passenger has the right to reimbursement of the airfare. Other rights passengers may have remain unaffected. Passengers are recommended to have flight times confirmed 48 to 24 hours prior to departure by calling the Chair Airlines Service Center at +41 44 577 61 02.

To the extent required‚ Chair Airlines can switch to another aircraft and can transfer carriage in whole or in part to third parties or agents. In this case‚ Chair Airlines remains responsible for the booked carriage. In the event another airline is used‚ regardless of the reason‚ Chair Airlines will immediately take all reasonable steps to ensure that passengers are notified are soon as possible. In any case‚ passengers will be notified at check-in or at the latest when boarding the aircraft (Directive (EC) No. 2111/2005).

10. Liability
Liability for the carriage of persons‚ cargo and baggage within and outside the EU is subject to the limitation of liability set out in the Directive (EC) No. 2027/1997 in the version amended through Directive (EC) No. 889/2002 of the Montreal Convention dated 28 May 1999 on the unification of certain rules for international carriage by air of the Warsaw Convention on the unification of international air law dated 12 October 1929 in the version of the Hague Protocols dated 28 September 1955 or the Air Transportation Regulations (Lufttransportverordnung‚ LTrV; SR748.411)‚ depending on whether carriage is national or international as set out in the Warsaw Convention or the Montreal Convention. In no case will Chair Airlines’ liability exceed the amount of the substantiated loss. Except for cases of death‚ physical injury or harm to the health‚ Chair Airlines only is liable for damage it has caused with gross negligence or intent. Liability for indirect or consequential damage is excluded. The mandatory provisions of the Warsaw Convention‚ the Montreal Convention and the Air Transportation Regulations remain unaffected.

If the damage was partly caused by the injured party‚ the applicable laws regarding exclusion or reduction of the duty to indemnify in the case of contributive fault of the injured party apply. The same applies if the injured party fails to comply with its duty to minimize damage.
Chair Airlines is only liable for errors or omissions in flight schedules or in other publications of flight times as well as for information provided by its agents‚ employees or authorized persons with regard to data‚ departure and arrival times or flight operations in the event of intent or gross negligence.

The exclusion and limitations of Chair Airlines’ liability apply analogously to its agents‚ employees and representatives and to persons whose aircrafts are used by Chair Airlines including their agents‚ employees and representatives as well as to flight tour operators including their agents‚ employees and representatives. The total amount payable as damages by Chair Airlines and the aforementioned person cannot exceed the liability limits applicable to Chair Airlines.

The exclusions and limitations of liability set out in these General Terms and Conditions also apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

11. Data protection and data security
As part of the execution of contracts‚ Swiss data protection laws and other legal provisions stipulate that Chair Airlines is entitled to collect‚ process and use personal data. Such data will be collected‚ processed‚ used and transmitted using data processing systems to fulfill the intent of the contract. Such data will be processed and used in compliance with the law including‚ but not limited to‚ for these purposes: making reservations‚ purchasing tickets‚ purchasing additional services‚ processing payments‚ developing and providing services‚ and facilitating immigration and customs processes. The passenger authorizes Chair Airlines collect‚ process‚ save‚ change‚ block‚ delete and use such data for the aforementioned purposes and to transmit such data to any and all people and entities delivering any of the aforementioned services on behalf of Chair Airlines. Chair Airlines undertakes to implement reasonable measures to protect personal data against unauthorized access.

Chair Airlines also is entitled to transmit to national and international authorities travel document data as well as personal data processed and used in connection with air carriage‚ provided such transmission is requested by an authority due to mandatory legal provisions and is‚ thus‚ required for the fulfillment of the carriage contract. International authorities may be subject to less stringent data protection laws than those applicable in Switzerland.

12. Other provisions
Should any of the provisions of these General Terms and Conditions be or become invalid‚ the validity of the remainder of the provisions will remain unaffected. In addition‚ Chair Airlines’ General Conditions of Carriage apply as an integral part of these General Terms and Conditions as well as the general terms and conditions of the flight tour operator used for a booking. In case of contradictions regarding flight operations‚ Chair Airlines’ General Conditions of Carriage shall prevail followed by these General Terms and Conditions and then followed by the general terms and conditions of the flight tour operator.

13. Applicable law and venue
The carriage contract and these General Terms and Conditions are subject to Swiss law. The exclusive legal venue will be Zurich‚ Switzerland. Mandatory legal provisions reserved.

General Terms and Conditions of Chair Airlines AG