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2 In the early stages of commercial aviation, airlines offered groundhandling services in their home countries to other airlines. Swissair, through its subsidiaries Swissair Ground Services International AG (now Swissport) and Gate Gourmet for catering services. Very common standard formulation SGHA is part of the IATA Ground Services Agreements published in the iata Airport Handling Manual (AHM). Latest version 2018 Structure: main contract Annex A (general specifications) Annex B (location, services and agreed fees) or Annex B with simplified procedure Determination of liability in Article 10(2), but allows the parties to completely exclude the liability of auxiliaries (including for damage caused by intentional acts of such persons). Commercial activities carried out under official license? The groundhandling company does not need a concession or authorization to provide groundhandling services, either by the State or by the BAZL. The explanatory memorandum to Article 101(3) AV is, however, the protection of the weaker Contracting Party; in order to apply this provision, the party carrying out transactions under an official licence must have a much stronger negotiating position. under Swiss law, commercial activities carried out under official licence? If the counterparty does not need such protection, the party acting within the framework of the administrative authorization is not prevented from assuming its responsibility by Article 7 Relevant provisions of the SGHA, in accordance with Art. The liability of the registration company is limited to direct damage suffered by the aircraft up to the sole deductible by the carrier`s casco insurance. For other damages, the carrier must prove that the handling company caused the damage by intentional or intentional misconduct.

According to Swiss law, premeditation is a higher degree of negligence than gross negligence (cf. BGE 128 III 390); a subjective approach is applied. . . .