Conditions of Carriage

(last revised October 22, 2022)

These Conditions of Carriage govern the relationship between operator, PeakJet & PeakPlus Ltd. and its passengers.

1. What particular expressions mean in these conditions

PeakJet - PeakPlus Limited.

Air Passenger Regulations – Regulation (EC) 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding, cancellation or long delay of flights, or applicable national law incorporating EU Regulation (EC) 261/2004.

Baggage – a Guest’s personal property accompanying him/her on a flight, including Checked Baggage as applicable.

Checked Baggage - Baggage of which PeakJet takes custody and for which PeakJet has issued a baggage check.

Conditions of Carriage – means a Guest’s contract of carriage with PeakJet, which includes:

these Conditions of Carriage
the Tariff which applies to the Ticket
regulations, policies and conditions applied by PeakJet from time to time as set out on our website https://peakjet.ch

Convention - whichever of the following:

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention);
the Warsaw Convention as amended at The Hague on 28 September 1955;
the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
the Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of Montreal (1975);
the Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975);
the Guadalajara Supplementary Convention (1961);
The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (the Montreal Convention (1999)

Damage – includes death, wounding, or bodily injury to a Guest, loss, partial loss, theft or other damage to Baggage, arising out of or in connection with carriage on flights operated by PeakJet.

Guest - any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket.

Infant - a child under 2 years old at the time of travel.

Pets - well-behaved dogs and/or cats weighing up to 8kg (18lbs) (carrier included in weight where applicable).

SDR – a Special Drawing Right as defined by the International Monetary Fund. Where reference is made to a particular SDR sum, the most up to date figure under the Convention shall be used

Tariff - the published fares, charges and/or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.

Ticket – either the document entitled "Guest Ticket and Baggage Check" or an electronic ticket, in each case issued by PeakJet or by an affiliate of PeakJet on its behalf.

Unaccompanied Minor - a child between the ages of 5 and 17 years old at the time of travel.

Unchecked Baggage - any of a Guest’s Baggage other than Checked Baggage.

2. Applicability

2.1 These Conditions of Carriage are applicable unless they are inconsistent with Tariffs or applicable law that cannot be waived by agreement of the parties in which event such tariffs or laws will prevail.

2.2 If carriage is performed pursuant to a charter agreement, the provisions of these Conditions of Carriage will apply only to the extent that:

a. they are incorporated by reference or otherwise in the charter agreement or the Ticket; and

b. they are consistent with such charter agreement.

2.3 If any provision of these Conditions of Carriage or any charter agreement is invalid under any applicable law, the other provisions will remain valid.

2.4 No agent, employee or representative of PeakJet has authority to alter, modify or waive any provision of these Conditions of Carriage.

3. Tickets

3.1 Tickets are only valid for the flight shown, from the place of departure via any interim stopping places to the final destination.

3.2 Each Ticket constitutes prima facie evidence of a contract of carriage between PeakJet and the Guest named on the ticket.

3.3 Guest may not board a flight unless they present a valid Ticket (which may be in electronic form).

3.4 If Guest does not board a departing flight without advising PeakJet in advance, PeakJet will cancel the Ticket and/or onward reservations and refunds will not be issued.

3.5 PeakJet will only provide carriage to the Guest named on the Ticket. If a Guest would like to transfer a Ticket to another person, the Guest should contact PeakJet by email at help@peakjet.ch at least 7 days before the departing flight. The passenger to whom the Ticket is transferred will be required to provide personal information as requested by PeakJet and accept these Conditions of Carriage and will have and be deemed to have accepted these Conditions of Carriage by the act of providing such information.

3.6 The name of the carrier will be indicated on the Ticket. Carrier’s address is as follows:

a. PeakJet Limited Adress xxx, 8001 Zurich; or

b. PeakPlus Limited Adress xxx, 8001 Zurich.

4. Fares, Taxes, Fees and Other Charges

4.1 Fares only cover the flight from the airport at the point of origin to the airport at the point of destination, and do not include ground transport, accommodations or other services unless expressly stated. Fares are calculated in accordance with PeakJet's Tariff in effect on the date of payment of the Ticket. Should Guest change the itinerary or dates of travel, this may impact the fare to be paid.

4.2 Fares include all applicable taxes, fees and other charges imposed by any government or other authority. At the time of booking a Ticket, Guest will be advised of such taxes, fees and charges included in the fare, which may be based on estimates. If following booking any new tax, fee or charge is imposed, or if such amounts change between booking and the date of flight, Guest will not be charged such additional amounts, but will also not receive any refund in the event these amounts decrease.

4.3 Fares are payable in the currency as stated by PeakJet at the time of booking. Refunds and credit will be in the same currency as originally paid by the Guest.

5. Baggage

5.1 Each Guest may bring 1 piece of Checked Baggage. No piece of Checked Baggage may be larger than 90cm(H) x 70cm(W) x 40cm(D) or heavier than 23kg (50lbs). Unless the actual weight is entered on the baggage check, each piece is presumed to weigh 23 kg. If space permits, a Guest may bring additional Checked Baggage for a charge of CHF150, which must be pre-arranged via the Concierge Team.

5.2 Checked Baggage must have the Guest’s name and personal identification affixed to it.

5.3 Each Guest is solely responsible for packing their Baggage in such a way that the contents cannot be damaged. PeakJet may refuse to carry as Baggage any item that it considers unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers.

5.4 Guests may not include in Baggage items that are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in PeakJet’s Regulations (further information is available from PeakJet upon request), or that are prohibited by applicable law. Further information about unacceptable items is available upon request at help@peakjet.ch. If any unacceptable items are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of Baggage.

5.5 PeakJet will refuse to carry as Baggage the items described in Article 5.4.

5.6 If, despite being prohibited, any items referred to in Article 5.4 are included in Guest’s Baggage, PeakJet will consider this as Guest’s negligence in any claim made against PeakJet for loss, damage or delay to these items and any right to damages, losses or costs may be reduced as a result.

5.7 For reasons of safety and security, PeakJet may request that the Guest permit a search and scan of his/her person and a search, scan or x-ray of the Baggage. If the Guest is not available, the Baggage may be searched in his/her absence for the purpose of determining whether he or she is in possession of or whether the Baggage contains any prohibited items. If the Guest is unwilling to comply with such request, PeakJet may refuse to carry the Guest and/or his/her Baggage.

5.8 If required, Guest will attend inspection of his/her Baggage by customs or other Government officials. PeakJet is not liable to the Guest for any loss or damage suffered by Guest in the course of such inspection or through Guest’s failure to comply with this requirement. Guest will also submit to any security checks performed by Governments, airport officials or by PeakJet.

5.9 Guests may carry a small personal item such a purse, briefcase, laptop computer case, or small backpack weighing no more than 9kg (20lbs). Your personal item must fit under the seat in front of you, and measure no more than 33x33x25cm/13x13x10in. Please note that the aircraft do not have overhead bins. Due to limited cabin space and no under seat storage or overhead bins on some aircraft configurations, personal items will need to be stowed by the crew for takeoff and landing or carried in the cargo hold.

5.10 Guests are required to collect Baggage as soon as it is made available at the destination. Should the Guest not collect it within a reasonable time, PeakJet may charge a storage fee. Should the Baggage not be claimed within three months of the time it is made available, PeakJet may dispose of it without any liability. If a person claiming Baggage is unable to produce the baggage check and identify the Baggage by means of a baggage identification tag, PeakJet will deliver the Baggage to such person only on condition that he or she establishes to PeakJet's satisfaction his or her right to the Baggage.

6. Animals

6.1 Well-behaved dogs and cats weighing up to 8kg (18lbs) are welcome to fly on our larger aircraft only; however, we are currently unable to accomodate pets on our Pilatus Aircraft & Embraer Aircraft. Certain destinations may not allow Pets at all. For further information contact help@peakjet.ch.

Pet Guidelines:

Animals besides Pets are not able to travel on PeakJet's aircraft.

7. Travel Documents

7.1 Guest is responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which he or she transits.

7.2 Prior to travel, Guest must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirements of the countries concerned, and permit PeakJet to take and retain copies.

7.3 If Guest is denied entry into his/her final destination for any reason, PeakJet will provide reasonable assistance to book Guest on a return flight and the Guest agrees to pay the applicable fare. Any third party costs, including return flight costs on third party carriers, and any fines or other charges assessed against Guest or PeakJet as a result of such denial, are the responsibility of Guest. The fare collected for travel to the place of denied entry, and any return flight, will not be refunded.

7.4 PeakJet is not liable or responsible for the consequences to any Guest resulting from his / her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.

7.5 If PeakJet is required to pay any fine or penalty or to incur any expenditure by reason of the Guest’s failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, or if the aircraft’s commander, in his or her sole discretion, needs to divert the aircraft owing to Guest’s conduct, the Guest will reimburse PeakJet on demand, any amount so paid or expenditure so incurred. PeakJet may apply towards such payment or expenditure the value of any unused carriage on the Guest’s ticket, or any of the Guest’s funds in PeakJet's possession.

8. Check-in and Boarding

8.1 Each Guest must arrive at PeakJet's check-in location and boarding area sufficiently in advance of flight departure to permit completion of any government formalities and departure procedures and in any event no later than the time that may be indicated by PeakJet.

8.2 If a Guest fails to arrive in time at the check-in location or boarding area or appears improperly documented and not ready to travel, PeakJet may cancel the space reserved for the Guest and will not delay the flight.

8.3 PeakJet is not liable to the Guest for loss or expense due to the Guest’s failure to comply with the requirements of this Article 8.

9. Passenger Conduct/ Right to Refuse Carriage

9.1 PeakJet may refuse carriage of any Guest or Baggage for reasons of safety or if, in the exercise of its sole discretion, PeakJet determines that:

a. Such action is necessary in order to comply with any applicable laws, regulations, orders, demands or travel requirements of any state or country to be flown from, into or over;

b. Carriage of Guest or his/her Baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;

c. Guest’s mental or physical state, including impairment from alcohol or drugs, presents a hazard or risk to himself/herself, other guests,, crew or property;

d. Guest has committed misconduct on a previous flight, and PeakJet has reason to believe that such conduct may be repeated;

e. Guest has refused to submit to a security check;

f. Guest has not paid the applicable fare, taxes, fees or charges;

g. Guest does not have valid travel documents, or PeakJet has reason to believe that Guest will not be permitted to enter the country of destination;

h. Guest presents a ticket that has been acquired unlawfully, has been purchased from an entity other than PeakJet or its authorised agents, or has been reported as being lost or stolen, is a counterfeit, or the Guest cannot prove that he or she is the person named in the ticket; or

i. Guest fails to observe PeakJet's instructions with respect to safety or security.

9.2 If PekaJet refuses carriage for any of the reasons in Article 9.1, Guest will not be entitled to a refund or credit.

10. Electronic Devices

For safety purposes, PeakJet may at its sole discretion forbid or restrict the use of certain electronic devices onboard the aircraft, including but not limited to: mobile telephones, mobile computers (laptops), tablets, portable audio and gaming devices or any other receiving or transmitting device. The use of hearing aids and heart pacemakers is not prohibited.

11. Passenger Changes/Cancellations

CHANGES

If you change your reservation, additional charges might apply as set forth below, and your right to receive a refund is limited. All requests for changes must be sent to us by email at concierge@peakjet.ch. In this Section 11, “departure” means, in the case of a round trip flight, the time of scheduled departure for the outbound flight.

More than 14 days before departure:

If you change your flight more than fourteen (14) days prior to departure, any price difference between the original flight and the new flight must be paid. Any remaining amount after such change will be fully refunded.

Between 14 days and 72 hours before departure:

If you change your flight between 14 days and 72 hours prior to departure, any price difference between the original flight and the new flight must be paid. Any remaining amount after such change will be kept as credit on your account for 6 months to be used for future flights.

Within 72 hours of departure:

If you change your flight less than 72 hours prior to the scheduled departure, any price difference between the original flight and the new flight must be paid in addition to a CHF/EUR100 change fee, per Guest, on the reservation.

CANCELLATIONS

If you cancel your reservation, your right to receive a refund is limited, as set forth in the following schedule. All Guests are entitled to cancel their reservation within twenty-four (24) hours of purchase for a complete refund; otherwise, the cancellation terms detailed below will apply. All requests for refunds must be sent to us by email at concierge@PeakJet.ch. Refunds will be made within 14 days of receipt of your notice of cancellation.

More than 14 days before departure:

100% refund to method of payment

Between 14 days and 72 hours before departure:

100% credit to your account for 6 months to be used for future flights.

Within 72 hours of departure:

CHF/EUR100 cancellation charge per Guest on the reservation. Any remaining amount after such charge will be kept as credit on your account for 18 months to be used for future flights.

Please note that if the date or routing of the reservation has previously been modified by the Guest and the Guest thereafter requests to cancel, the value of the reservation will be kept as credit on your account (minus any cancelation fees) for 6 months to be used for future flights, regardless of when such cancellation request occurs.

12. Schedules, Delays and Cancellations

12.1 The flight times shown in PeakJet’s timetable may change between the date of booking and the date of travel. PeakJet does not guarantee flight times and they do not form part of the contract of carriage.

12.2 PeakJet will take all reasonable measures to avoid flight time delays. In the exercise of these measures, and in order to prevent a flight cancellation, in exceptional circumstances PeakJet may arrange for a flight to be operated on its behalf by an alternative carrier and/or aircraft or to book the Guest on another airline. PeakJet will endeavour to notify the Guest of any such changes.

12.3 If a flight is cancelled, delayed or Guest is denied boarding, PeakJet shall provide assistance and, where applicable, compensation in accordance with applicable law.

12.4 For travel within or between the CH, UK and EU, the applicable law for denied boarding, cancellation and long delay will be the Air Passenger Regulations.

12.5 If PeakJet cancels a flight, or the flight is delayed on departure by at least 5 hours, the Guest has a choice between:

a. Travelling as soon as possible or at a later date that is convenient on another of PeakJet's flights. Travel is subject to availability of seats; or

b. A refund of the unused portion of Guest’s Ticket.

12.6 In the case of flight disruption, Guest may be entitled to remedies under the Air Passenger Regulations. Guest must make any such claim to PeakJet directly and allow 28 days for PeakJet to respond directly to Guest before engaging a third party to claim on Guest’s behalf. Submit a claim by email to help@PeakJet.ch.

12.7 If Guest fails to follow the process in Article 12.6, PeakJet will not process any claim received from a third party. The provisions of this Article 12 do not prevent a Guest from consulting a third party adviser or obtaining legal advice before submitting a claim directly to PeakJet.

12.8 All refunds are subject to government laws, rules and regulations or orders of the country in which the Ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the same manner and the same currency in which the ticket was paid for, but may be made in another currency at PeakJet reasonable discretion. PeakJet will only provide a refund to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.

13. Liability for Damage

13.1 Carriage hereunder is subject to the rules and limitations relating to the liability established by the Convention (unless such carriage is not international carriage to which the Convention applies).

13.2 PeakJet's liability under the Convention is summarised in Article 13.3 to 13.6 but if it is inconsistent with the Convention or other applicable laws, the Convention or other applicable laws will override this Article 13.

13.3 Liability in respect of death or injury to Guest:

a. PeakJet’s liability for damages sustained in the event of death, wounding or any other bodily injury of a Guest in the event of an accident shall be subject to the Convention.

b. For any damages up to the sum of the equivalent of 128,821 SDR, PeakJet shall not exclude or limit its liability.

c. Notwithstanding 13.3(a) and 13.3(b), if PeakJet proves that the Damage was caused or contributed to by the negligence of the injured or deceased Guest, PeakJet may be exonerated wholly or in part from its liability in accordance with applicable law.

d. PeakJet shall, without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered. An advanced payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of PeakJet's liability, but is not returnable except in the cases describe in Article 13.3(c) or in circumstances where it is subsequently proved that the person who received the advance payment caused, or contributed to, the Damage by negligence or was not the person entitled to compensation.

e. If Guest’s age or mental or physical conditions is such as to involve any hazard or risk to himself or herself, PeakJet will not be liable for any illness, injury or disability, including death, attributable to such condition for the aggravation of such condition.

13.4 Liability in respect of Baggage

a. PeakJet is not liable for Damage to, delay or loss of Unchecked Baggage unless it was caused by PeakJet's negligence.

b. Except in the case of an act or omission done with damage or recklessly and with knowledge that Damage would probably result, PeakJet's liability for Damage, delay or loss to Checked Baggage or Unchecked Baggage is limited to 1,288 SDR per Guest unless a higher value is declared to Peakjet at check-in.

c. Guest is liable for any damage caused to the plane or the plane’s equipment or another passenger’s luggage caused by such Guest’s baggage or its contents. PeakJet assumes no liability for fragile valuables or perishable articles.

13.5 Liability for damage caused by delay

a. PeakJet’s liability for damages caused by delay is limited to 5,346 SDR per Guest unless such damage is caused by PeakJet or its agents intentionally or recklessly and with knowledge that delay would probably result.

b. PeakJet is not liable for delay where it proves that PeakJet, its employees or agents took all measures that could reasonably be required to avoid the damage or that it was impossible to take such measures. The Guest must prove any damage suffered as a result of delay and provide documentary evidence in support of any claim.

13.6 General

a. PeakJet is not liable for any damage arising from compliance with or Guest’s failure to comply with applicable laws or Government rules and regulations.

b. Except as may be specifically provided otherwise in these Conditions or by applicable law, PeakJet shall be liable to you only for recoverable compensatory damages for proven losses.

c. Nothing in these Conditions shall waive any exclusion or limitation of PeakJet’s liability under the Convention or applicable laws unless otherwise expressly stated.

d. The foregoing limits of liability apply to PeakJet’s authorised agents, servants, employees and representatives to the same extent as they apply to PeakJet. The total amount recoverable from PeakJet and from such authorised agents, servants, employees and representatives will not exceed the amount of PeakJet’s own liability, if any.

e. Nothing in these Conditions of Carriage waives any exclusion or limitation of PeakJet’s liability or any defence available under the Convention or applicable laws unless otherwise expressly stated.

14. Notice of Claims and Time Limitation

14.1 Acceptance of Baggage by Guest without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with these conditions, unless Guest proves otherwise. If Guest wishes to file a claim or an action regarding damage to Checked Baggage, he or she must notify PeakJet as soon as he or she discovers the Damage, and at the latest within 7 days of receipt of the Checked Baggage. Every such notification must be made in writing or by sending an email to PeakJet’s customer relations department at help@PeakJet.ch. Any claim must include pictures of the Damage as well as confirmation of the bag’s age and value.

14.2 If Guest wishes to file a claim or an action regarding delay of Checked Baggage, he or she must notify PeakJet within 21 days from the date the Baggage has been placed at the Guest’s disposal. Every such notification must be made in writing or by sending an email to PeakJet’s customer relations department at help@PeakJet.ch.

14.3 Any right to damages will be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive. The limitation period for claims under the Air Passenger Regulations in England and Wales shall be 6 years.

15. Personal Data and Information

PeakJet will collect, use, store and transfer personal information in accordance with its Privacy Policy, which can be found at: https://peakjet.ch/privacy-policy.

16. Special Assistance

Any Guest requiring special assistance while embarking, disembarking or onboard the aircraft is required to seek prior arrangement with PeakJet at time of booking. If PeakJet is not provided with such notice in advance, PeakJet will nevertheless use reasonable efforts to accommodate a Guest’s special needs. Guests will not be denied carriage on the basis of any special assistance requirement that has been agreed with PeakJet in advance.

Mobility and assistive devices which cannot be carried in the cabin due to space limitations will be considered Checked Baggage in addition to the included baggage allowance, without charge, provided the Guest is dependent upon such items. Mobility aids are assigned the highest boarding priority and every reasonable effort will be made to transport Guests and their mobility aids on the same flight. There may be times, however, when space, weight and safe stowage constraints may limit the number of devices which may physically and safely fit onto a particular aircraft. For example, most non-collapsible mobility aids powered by dry and wet cell batteries are too large to fit onboard the aircraft. When this happens, PeakJet will coordinate with the Guest and endeavour to offer the best solution available. Although the small size of many of our aircraft may limit some of our flexibility (e.g. the inability to fit non-collapsible electric wheelchairs on the aircraft), PeakJet will accommodate our Guests’ special needs to the greatest extent possible, with dignity and respect.

17. Unaccompanied Minors

PeakJet allows Unaccompanied Minors if they have completed PeakJet’s UM paperwork process. Please contact concierge@PeakJet.ch at the time of booking to receive the required paperwork. Unaccompanied Minors cannot be booked on flights with connections or transfers.

PeakJet reserves the right to limit the number of Unaccompanied Minors that may be transported on a flight, whether for safety or administrative or other reasons. Unaccompanied Minors must be brought to the departure airport by their parent, legal guardian or responsible adult who must remain with their Unaccompanied Minor in the boarding area until the Unaccompanied Minor's flight has departed and is airborne.

Please note that parents or legal guardians travelling with minors that do not share their last name may be asked by CH/EU/UK Border Control to prove that they are in fact the parent/legal guardian of the minor that they are travelling with, via a birth certificate, adoption papers, or other documents establishing guardianship.