Common use of Payment and Cancellation Clause in Contracts

Payment and Cancellation. Unless otherwise agreed upon in the iXAir Charter Flight Agreement, the Charter Price shall be payable within 7 days after conclusion of the iXAir Charter Flight Agreement, but at any rate prior to commencement of the flight. All flight-related costs and fees that are not included in the Charter Price shall be payable within two weeks after presentation of the invoice by IXAIR. In the event that the Customer has not paid the full Charter Price prior to commencement of the flight, IXAIR shall be entitled to withdraw from the contract and to keep and/or levy cancellation fee according to the provisions specified below. The Charter Price does not include: - call charges and data fees for use of the available infrastructure - cost of conveyance of the passengers to and from the airport, as well as parking fees for the Customer's vehicle, unless expressly agreed in the iXAir Charter Flight Agreement; - costs of any possibly required deicing of the aircraft for any operational reasons; - costs related with the procurement of personal en- try and exit permits of the passengers; - individual catering wishes, unlessexpressly agreed upon in the iXAir Charter Flight Agreement. Any changes of costs included in the Charter Price arising after conclusion of the iXAir Charter Agreement and prior to commencement of the flight because of circumstances that are beyond the control of IXAIR (especially any increase in gov- ernment fees or other expenses, increase in fuel price of more than 5%) shall entitle IXAIR to pass such additional costs to the Customer. The Charter Price is a value assessed by IXAIR for the expected number of minutes by air on the basis of gen- eral principles of flight planning. However, it is agreed as a fixed price, so that there will not be any increase in the price for the Customer, even if the flight takes longer because of external influences that are beyond the control of IXAIR. In the event of flight cancellation, IXAIR shall retain the securi- ty deposit in accordance with our cancellation policy as fol- lows: - More than a month before the flight: EUR 500.00 - Within a month but more than 168 hours (7 days) prior to the scheduled departure time, a cancellation fee of 30% of the total Charter Price (invoice plus any nonrefundable costs) shall be applied. - Within 168 hours but more than 48 hours prior to the sched- uled departure time, a cancellation fee of 50% of the total Charter Price (invoice plus any refundable costs) shall be ap- plied. - Within 48 hours but more than 24 hours prior to the sched- uled departure time, a cancellation fee of 75% of the total Charter Price (invoice plus any refundable costs) shall be ap- plied. - Within 24 hours of the scheduled departure time, or in case of no-show, a cancellation fee of 100% of the total Charter Price shall be applicable. - Nonrefundable costs include: slot confirmations, catering orders, limousine bookings, overflight permits. Cancellation of the iXAir Charter Flight Agreement must be made in writing to be valid. Last minute change fee (up to 12 hours): when first departure of total trip delayed but the cos- tumer still want to fly the same day od one day later (up to 12 hours before confirmed take-off time), a last minute change fee of 30% of the total Charter Price (invoice plus any refundable costs and overnights if applicable) shall be applied. Rebooking fee (change of flight beyond 12 hours): when fist departure of total trip is delayed by one or more days (beyond to 12 hours before confirmed take-off time), but the costumer still want to fly, a rebooking fee of 20% of the total Charter Price (invoice plus any nonrefundable costs and overnights if applicable) shall be applied. Time for payment shall be of the essence. All payments under the iXAir Charter Flight Agreement will be made without any deduction, set-off, counterclaim, discount, abatement or withholding whatsoever. If the Customer fails to pay IXAIR any sum due under the iXAir Charter Flight Agree- ment, the Customer shall be liable to pay interest on the amount due at an annual rate of 4.5 above the base lending rate from time to time of National Bank of France accruing on a daily basis until payment is made, whether before or after judgment. Unless otherwise specified the Total Price shall be deemed to have been earned at the commencement of the Flight or series of Flights to which it relates.

Payment and Cancellation. 7.1 Unless otherwise agreed upon in the iXAir Charter Flight Agreement, the Charter Price shall be payable within 7 days after conclusion 72 hours of the iXAir Charter Flight Agreementdeparture date and time of the first sector in the contract itinerary, but at any rate prior to commencement of the flight. All flight-related costs and fees that are not included in the Charter Price shall be payable within two weeks after presentation of the invoice by IXAIR. CIJS. 7.2 In the event that the Customer has not paid the full Charter Price prior to commencement of the flight, IXAIR CIJS shall be entitled to withdraw from the contract and to keep and/or levy a cancellation fee according to the provisions specified below. . 7.3 The Charter Price does not include: - : 7.3.1 call charges and data fees for use of the available infrastructure - cost infrastructure; 7.3.2 costs of conveyance of the passengers to and from the airport, as well as parking fees for the Customer's ’s vehicle, unless expressly agreed in the iXAir Charter Flight Agreement; - ; 7.3.3 costs of any possibly required deicing de-icing of the aircraft for any operational reasons; - ; 7.3.4 costs related with the procurement of personal en- try entry and exit permits of the passengers; - ; 7.3.5 individual catering wishes, unlessexpressly unless expressly agreed upon in the iXAir Charter Flight Agreement. . 7.4 Any changes of costs included in the Charter Price arising after conclusion of the iXAir Charter Agreement and prior to commencement of the flight because of circumstances that are beyond the control of IXAIR CIJS (especially any increase in gov- ernment government fees or other expenses, increase in fuel price prices of more than 5%) shall entitle IXAIR CIJS to pass on such additional costs to the Customer. . 7.5 The Charter Price is a value assessed by IXAIR CIJS for the expected number of minutes by air on the basis of gen- eral general principles of flight planning. However, it is agreed as a fixed price, so that there will not be any increase in the price for the Customer, even if the flight takes longer because of external influences that are beyond the control of IXAIR. CIJS 7.6 In the event of a flight cancellation, IXAIR CIJS shall retain the securi- ty security deposit in accordance with our cancellation policy as fol- lows: - More than a month before the flight: EUR 500.00 - follows: 7.6.1 Within a month but more than 168 hours (7 days) but more than 48 hours (2 days) prior to the scheduled departure time, a cancellation fee of 30% of the total Charter Price (invoice plus any nonrefundable non refundable costs) shall be applied. - ; 7.6.2 Within 168 48 hours but more than 48 24 hours prior to the sched- uled scheduled departure time, a cancellation fee of 50% of the total Charter Price (invoice plus any non refundable costs) shall be ap- plied. - applied; 7.6.3 Within 48 hours but more than 24 hours prior to of the sched- uled scheduled departure time, or in case of a no-show, a cancellation fee of 75% of the total Charter Price (invoice plus any non refundable costs) shall be ap- plied. - Within 24 hours of the scheduled departure time, or in case of no-show, a cancellation fee of 100% of the total Charter Price shall be applicable. - Nonrefundable ; 7.6.4 Non refundable costs include: slot confirmations, catering orders, limousine bookings, overflight permits. . 7.7 Cancellation of the iXAir Charter Flight Agreement must be made in writing to be valid. . 7.8 If travel cancellation insurance is included in the Charter Agreement, the Customer does not have to pay a cancellation fee as stipulated under item 7.6, provided the Customer has cancelled the flight between 72 and 24 hours before the agreed time of departure. 7.9 If an aircraft deicing insurance is included in the Charter Agreement, the Customer will not have to pay any subsequent payments according to item 7.3 in the event that the aircraft has to be deiced for any operational reason. 7.10 Last minute change fee (up to 12 hours): when first departure of total trip is delayed but the cos- tumer customer still want wants to fly on the same day od or one day later (up to 12 hours before confirmed take-off time), a last minute change fee of 30% of the total Charter Price (invoice plus any non refundable costs and overnights if applicable) shall be applied. . 7.11 Rebooking fee (change of flight beyond 12 hours): when fist first departure of total trip is delayed by one or more days (beyond to 12 hours before confirmed take-off time), ) but the costumer still want wants to fly, a rebooking fee of 20% of the total Charter Price (invoice plus any nonrefundable non refundable costs and overnights if applicable) shall be applied. . 7.12 Time for payment shall be of the essence. . 7.13 All payments under the iXAir Charter Flight Agreement will be made without any deduction, set-off, counterclaim, discount, abatement or withholding whatsoever. . 7.14 If the Customer fails to pay IXAIR CIJS any sum due under the iXAir Charter Flight Agree- mentAgreement, the Customer shall be liable to pay interest on the amount due at an annual rate of 4.5 5% above the base lending rate from time to time of National Natwest Bank of France International (Guernsey), accruing on a daily basis until payment is made, whether before or after judgment. . 7.15 Unless otherwise specified the Total Price shall be deemed to have been earned at the commencement of the Flight or series of Flights to which it relates.