General Terms and Conditions (GTC)

GENERAL TERMS AND CONDITIONS (GTC) FOR GROUND HANDLING SERVICES, PARKING
AND HANGARING BY TOPMOTION AG
AT AIRPORT DÜBENDORF / LSMD

Preamble

Aerodrome Dübendorf (ICAO Code: LSMD) is a military airfield with authorized civilian movements. The Handling Agent cannot be held responsible for, and the operator waives any claim he might have against the Handling Agent arising out or resulting of any losses, damages, suits or expenses related e.g., to the use of the military aerodrome of Dübendorf (LSMD) or circumstances preventing its use, resulting from circumstances that are beyond its control and/or the fact that the military aerodrome of Dübendorf (LSMD) is not ICAO compliant in all aspects.

Article 1 Provision of Services

1.1 General

The services will be made available within the limitations set by TopMotion AG and in accordance with regulations and procedures applicable in Switzerland.
It is not considered necessary or possible in to provide specific details of the services and it is generally understood what such services comprise and the standards to be attained. TopMotion AG will generally provide services as set out in Annex A of the IATA Standard Ground Handling Agreement except for cases where TopMotion AG deems such services as not applicable or practicable due to specific circumstances at Dübendorf Airport. Parking and hangaring of longer than five days is handled by a specific agreement.

1.2 Documents for Ground Handling

Documents used for ground handling and parking/hangaring will be TopMotion AG’s own documents.

1.3 Schedule of Flights

TopMotion AG will provide the agreed services for the Client’s aircraft for the flight operation and/or parking and hangaring on an agreed schedule at Dübendorf Airport. The Client agrees to immediately inform TopMotion AG of any changes in schedule and/or type of aircraft.

1.4 Emergency Assistance

It is the responsibility of TopMotion AG to participate in local emergency response plan(s) in order to provide support to the Carrier in the event of an emergency including but not limited to, forced landings, accidents or acts violence.
TopMotion AG will contact the Handling Company to establish the carrier’s needs in an emergency and provide the Handling Company its current emergency procedures.
In the absence of Client’s instructions, in part or whole, TopMotion AG shall follow its own emergency response plans.
TopMotion AG shall take all reasonable measures to assist passengers, crew and family members and to safeguard and protect baggage, cargo and mail carried in the aircraft form loss or damage in cooperation with the relevant local authorities.
The Client shall reimburse TopMotion AG for any extra expenses incurred in rendering such assistance.

1.5 Additional Services

As far as possible, TopMotion AG will, upon request, provide the Client with any additional services. Such services may be governed by special conditions agreed upon by the Parties.

1.6 Priority

TopMotion AG shall, as far as possible, give priority to aircraft operating on schedule.

Article 2 Fair Practises

Neither the Client nor TopMotion AG shall disclose any information to outside parties without the prior consent of the other Party, unless such information is specifically required by applicable law or by governmental or authorities’ regulations, in which case the other Party will be notified accordingly.

Article 3 Standard of Work

3.1 TopMotion AG shall carry out all technical and flight operation services as well as other services also having a safety aspect, for example load control and loading of aircraft, in accordance with the Client’s instructions. Receipt of such instructions must be confirmed in writing to the Client by TopMotion AG. In the absence of instructions form the Client, TopMotion AG shall follow its own standard practices and procedures, which shall comply with the applicable Swiss rules, regulations and procedures.

3.2 TopMotion AG will carry out all other services in accordance with the Client’s procedures and instructions, or as mutually agreed. In the absence of instructions from the Client, TopMotion AG shell follow its own standard practices and procedures.

3.3 TopMotion AG agrees to ensure that authorisations of specialised personnel performing services for the Client are valid and current. If at any time TopMotion AG is unable to provide authorised personnel as requested by the Client, TopMotion AG shall inform the Client immediately.

3.4 The Client shall supply TopMotion AG with sufficient information and instructions to enable TopMotion AG to perform its handling, parking and hangaring properly.

3.5 TopMotion AG must report to the Client’s representative, all loss of or damage, threatened or actual, to aircraft and loads noticed in the course of the handling, or which in any way possibly becomes known to TopMotion AG.

3.6 In the provision of the services, the Parties agree to comply with any applicable data protection laws.

Article 4 Remuneration

4.1 The Client agrees to pay to TopMotion AG the agreed charges set out in the respective “Tariff Regulations” and to discharge all additional expenditures incurred while providing the agreed services and any additional services referred to in 1.4 and 1.5.

4.2 The charges for Ground Handling services do not include:

• any charges, fees or taxes imposed or levied by the Airport Customs other authorities against the Client or TopMotion AG in connection with the provision of services herein by TopMotion AG or in connection with the Client’s flights.
• expenses incurred in connection with stopover and transfer passengers and with the handling of passengers for interrupted, delayed or cancelled flights.

Such charges, fees, taxes or other expenses as outlined above shall be borne ultimately by the Client.

Article 5 Payment

The Client shall pay all fees and charges either in cash or by credit card. TopMotion AG may at its discretion make other arrangements for payment, for example pre-arranged monthly invoicing.

Article 6 Liability and indemnity
In this Article, all references to:

• (a) “The Client” or “TopMotion AG” shall include their employees, servants, agents and subcontractors;
• (b) “ground support equipment” shall mean all equipment, whether fixed or mobile, used in the performance of ground handling services provided for the Client by TopMotion AG.

6.1 Except as stated in Sub-Article 6.5, the Client shall not make any claim against TopMotion AG and shall indemnify it (subject as hereinafter provided) against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of:

• (a) delay, injury or death of persons carried or to by carried by the Client;
• (b) injury or death of any employee of the Client;
• (c) damage to or delay or loss of baggage, cargo or mail carried or to be carried by the Client,
• (d) damage to or loss of property owned or operated by, or on behalf of, the Client and any consequential loss or damage arising from an act or omission of TopMotion AG, unless done with intent to cause damage, death, delay, injury or loss or recklessly and with knowledge that damage, death, delay, injury or loss would probably result.

All claims or suits arising hereunder shall be dealt with by the Client. TopMotion AG shall notify the Client of any claims or suits without undue delay and shall furnish such assistance as the Client may reasonably require.

6.2 The Client shall not make any claim against TopMotion AG in respect of damage to third parties caused by the operation of the Client’s aircraft arising from an act or omission of TopMotion AG, unless done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

6.3 In the case of claims arising out of surface transportation which TopMotion AG provides on behalf of the Client, the liability and indemnity provisions contained in these Terms and Conditions shall equally apply.

6.4 TopMotion AG shall not make any claim against the Client and shall indemnify it (subject as hereinafter provided) against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of:

• (a) injury to or death of any employees of TopMotion AG, its servants, agents or subcontractors;
• (b) damage to or loss of property owned or operated by, or on behalf of, TopMotion AG and any consequential loss or damage arising from an act or omission of the Client, unless done with intent to cause damage or recklessly and with knowledge that damage would probably result.

6.5 Notwithstanding Sub-Article 6.1(d), TopMotion AG shall indemnify the Client against any physical loss of or damage to the Client’s Aircraft caused by TopMotion AG’s negligent act or omission provided always that the TopMotion AG’s liability shall be limited to any such loss of or damage to the Client’s Aircraft in an amount not exceeding the level of deductible under the Client’s Hull All Risk Policy which shall not, in any event, exceed CHF 3.000.000 except that loss or damage in respect of any incident below CHF 15.000 shall not be indemnified.
 
This Sub-Article 6.5 shall not be ground for any claim for consequential loss incurred in connection with physical loss of or damage to the Client’s Aircraft.

For the avoidance of doubt, save as expressly stated, this Sub-Article 6.5 does not affect or prejudice the generality of the provisions of Sub-Article 6.1 including the principle that the Client shall not make any claim against TopMotion AG or one of its directly related businesses.

6.6 The hangar user (client) expressly acknowledges that TopMotion AG accepts no liability for damage to the aircraft provided. Unless such damage was caused by intent or gross negligence on the part of TopMotion AG. Further claims, in particular financial and consequential financial losses such as operating losses, loss of turnover, additional costs due to delays, etc. are excluded.

6.7 The Client is obliged to take out aircraft liability insurance and aircraft hull insurance for any kind of damage to the aircraft parked with TopMotion AG.