OFF-FLEET CHARTER TERMS AND CONDITIONS
These Terms and Conditions govern the Agreement between JetClub Malta Ltd. (hereinafter referred to as JetClub) and the Client and should be read in conjunction with the Flight Quotation issued to the Client which also forms part of the Client`s Agreement with JetClub. No variation or amendment to these Terms and Conditions shall become effective unless agreed and varied or amended by JetClub and the Client in writing.
Where a person, firm, or company enters into the Agreement as agent of the Client, such person, firm or company shall be jointly and severally liable with the Client for the payment of the final agreed charter price.
a.) Agreement: means the Agreement as defined in Section 2.
b.) Aircraft: means the aircraft detailed in the Flight Quotation;
c.) Booking agent: means JetClub or any other air charter broker acting as an intermediary party.
d.) Charter: means the flight(s) described in the Flight Quotation.
e.) Client: means person, firm or company acquiring services from JetClub.
f.) Carrier: means JetClub, holder of AOC number MT-42 or any other AOC holder as otherwise specified.
g.) Flight Schedule: means the flight schedule noted on the Flight Quotation.
2. JETCLUB APPOINTMENT
The Client hereby appoints JetClub as its agent for arranging the Flight(s) by chartering the Aircraft from the Carrier, it being understood that JetClub shall act in a capacity as agent, in the name and on behalf of the Client. Accordingly, the Client authorizes JetClub to conclude a carriage agreement (including any general terms and conditions of carriage) with the Carrier as agent, in the name and on behalf of the Client (the “Carriage Agreement”). At any time upon the Client’s request, JetClub will disclose the identity of the Carrier to the Client.
3. BINDING AGREEMENT
The Flight Quotation once signed by the Client and returned to and countersigned by JetClub, with proof of payment security, together with the Terms and Conditions set forth, shall constitute the entire Agreement (the “Agreement”) between the Client and JetClub. Final Flight itinerary to be approved as set forth in this Agreement.
4. CHARTER SERVICES
As long as the Client is in full compliance with the terms of this Agreement, the Carrier, will operate the flight segments described in the attached itinerary and flight charges attachment (the (“Attachment”); and all flight segments described in the Attachment are collectively a (“Trip”) for the Client in accordance with, and subject to, the terms and condition of the Flight Quotation.
5. CHARTER PRICE
5.1. In full consideration for the complete, satisfactory and timely performance by the Operator of all its obligations under this Agreement, the Client agrees to Prepay the Charter Price shown on the Attachment which shall, unless otherwise stated, include all flight charges, fuel, airport fees/international fees, ground handling permit fees, crew expenses.
5.2. All other costs including (but not limited to), aircraft de-icing, diversion of the aircraft (unless for technical reasons), connections to and from airports, ground accommodation, non-standard catering, exceptional cleaning costs, duty taxes, royalties, demurrage and any unusual wear and tear of the aircraft, shall exclusively be for the account of the Client, unless otherwise specified in the Agreement. A credit card should be left as guarantee when the Client pays the Charter Price.
5.3. The Charter Price shall be based on the costs of aviation fuel and other variables at the date of the Agreement. Accordingly, the Charter Price shall be subject to surcharges imposed by the Operator for any fuel, insurance or currency variations.
5.4. In the event that the Client requests a change in routing or any other significant change (for example flight time change, change of airport or additional flight requirements) in respect of the flight being undertaken by JetClub under an Agreement and such requests are accommodated by the Operator (which shall be at Operator`s sole discretion), JetClub will issue an amended or replacement Flight Quotation and the Client will pay on demand any additional costs set out therein in advance.
6. PAYMENT TERMS
6.1. In consideration of the complete and satisfactory provision by JetClub of all of the services under the Agreement, the Client agrees to pay, in advance, all fees, costs and other amounts due as soon as the Flight Quotation is signed and the initial invoice is received. The Charter Price shall be payable before the start of the charter flight and be paid into JetClub`s account, stipulated in the invoice, no later than 3 business days before take-off, if not agreed upon otherwise.
6.2. The Client shall pay JetClub the Charter Price and any other sums set out in the Agreement in the currency specified in the Agreement without set-off, deduction or counterclaim.
6.3. All payments and expenses not contained in the Charter Price and paid beforehand by JetClub for the Client shall be reimbursed by the Client in the currency JetClub renders the invoice. The Client shall pay the amount within 5 days after receiving the invoice without discount.
6.4. Time of payment is of the essence in this JetClub may, without prejudice to any other rights or remedies under this Agreement, terminate this Agreement without liability to the Client in the event that payments are not made on the dates specified. JetClub shall also be entitled to recover from the Client any applicable cancellation charges imposed by JetClub.
6.5. Late payments shall be subject to interest at 5% of the outstanding sum for a period of seven (7) days from the due date. Late payments beyond the mentioned period, will be subject to an additional 1% interest of the outstanding sum for each additional seven (7) days late payment.
7. CARRIER’S PROTECTION AGAINST INCREASED COST
7.1. JetClub shall on behalf of the Client make its best effort to protect the Client against increased costs. If there is any increase after the signing and dating of this Agreement in: security costs, aviation insurance premiums, fuel costs, airport passenger duty and taxes or similar costs (including aircraft de/anti-icing or the effects of volcanic eruption that was not otherwise anticipated); JetClub shall be entitled to increase the Charter Price
7.2. The Client accepts and will be liable for any additional costs incurred where the Client may request any substantive change to the schedule, its agreed timings, additional flying, services, or extends the charter where further costs (without limitation) are
8. NON-PERFORMANCE OR DELAYS
8.1. Please be advised that in order to maintain the planned departure time, passengers are requested to arrive at the departure location 30 minutes prior to the the departure.
8.2. If the performance of the Flight Schedule is prevented or delayed by the Client or anyone acting on its behalf including, but not limited to, any passenger arriving later than 15 minutes after the agreed scheduled departure time, the Carrier may at its discretion and without any liability whatsoever depart as scheduled or alternatively elect to delay the flight, in which case, demurrage shall run against the Client at a rate equivalent to the agreed flight rate for each hour/part hour that the flight is Charge of this demurrage rate to the Client shall be at the discretion of JetClub.
8.3. JetClub and/or the actual carrier shall endeavour to the best of their ability to ensure punctual carriage of passengers and baggage. However, the announced flight times are subject to reasonable changes owing to operational and technical circumstances beyond JetClub´s and/or the actual carrier’s control.
If for any reason beyond the carrier`s control (eg. Weather) the Aircraft is diverted from any destination shown in the Flight Schedule to another destination the flight shall be deemed to be complete when the Aircraft arrives at that other destination.
10. SUBSTITUTION OF AIRCRAFT
10.1. If due to unforeseen circumstances, the carrier is unable to perform any part of the Charter, the carrier shall be entitled to substitute, on prior notice, any other operator or any equivalent aircraft, provided that the identity of the substituted operator is made known to the Client prior to the flight in question.
10.2. In the event that a Substitution Aircraft is not available for the Flight Services, JetClub shall advise Client without delay and provide a revised quotation with revised pricing to reflect the provision for an Alternative Aircraft. In the event Client does not agree to the provision of such Alternative Aircraft, JetClub shall have the right to sub‐charter the specific aircraft type requested by Client as set out in the original quotation or an equivalent or superior aircraft from another carrier (Subcharter Aircraft) and Client shall remain liable to pay to JetClub the fees and charges set out in the original quotation.
10.3. Substitution or Subcharter may occur en-route during the Flight Services. Client shall be entitled to terminate Flight Services on being informed of such planned substitution, subject to informing JetClub immediately of such termination in writing and JetClub shall refund the negotiated part of the Charter Price less costs for positioning the aircraft back to point of departure for the remaining part of the trip affected by the substitution event. Should Client fail to advise JetClub of such cancellation immediately after being informed of such planned substitution by JetClub (which shall be reasonably dictated by the circumstances) then JetClub shall be entitled to deduct all pre-positioning costs and/or third party cancellation charges from any applicable refund.
10.4. Where a Substitution Aircraft or a Subcharter Aircraft is supplied, Client’s liability shall always be to pay the costs and sums set out in the quotation plus any agreed excess costs for the Subcharter Aircraft.
11. FORCE MAJEURE
11.1. A “Force Majeure Event” is war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine (whether declared by a national authority or by an international organization such as the United Nations) resulting in the suspension of all passenger air traffic, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, adverse weather conditions, natural disasters (such as volcanic eruptions and floods), technical reasons, detention or similar measures, accidents with aircraft, or other events over which JetClub has no control. The Carrier reserves the right at any time during the carriage to suspend or redirect the flight in question and/or provide the Client r with another similar aircraft or cancel the flight at its sole discretion without further liability to the Client in the event that the carriage cannot be completed in accordance with Client’s requirements due to a Force Majeure Event.
11.2. The carrier shall not be responsible for any damage or direct and indirect loss as a result of or arising, directly or indirectly, in connection with a Force Majeure Event.
11.3. The carrier shall not be liable for any damage or direct and indirect loss of any nature whatsoever to the Client arising from any delay arising as a result of a Force Majeure Event.
12. CANCELLATION FEES
Once signed by both parties, the hereby Agreement shall be deemed cancelled by the Client in case of (i) any breach of the payment obligations set forth in Sections 4 and 5 of the hereby agreement, (ii) cancellation of any connecting flight booked by the Client in advance, before the commencement of flight (iii) a delay of any passenger and / or Client for more than 60 minutes of the departure scheduled time
(iv) the Client and / or Passenger is not present (no-show), or (v) any refusal of the Client and / or Passengers to comply with the pilot in command reasonable instructions for security reasons during flight and / or the operation which may determine the pilot in command to reasonably consider cancelling or terminating the planned flight.
In such circumstances, the applicable Carrier Cancellation Fees shall apply and they shall be borne by the Client.
13. PILOT IN COMMAND DISCRETION
13.1. The pilot in command shall at all times be entitled to take all necessary measures for health and safety reasons. The pilot in command has the authority to decide with regard to Client and passenger`s seating as well as baggage loading, allocation/placement and
13.2. The pilot in command of the Aircraft shall have absolute discretion:
a.) to refuse any passenger(s), baggage or cargo;
b.) to decide what load may be carried on the Aircraft and how it shall be distributed;
c.) to decide whether and when a flight may be safely undertaken and where and when the Aircraft should be landed.
d.) to decide whether or not the Aircraft requires De-Icing in order to safely conduct a flight including positioning to/from or whilst conducting a charter
e.) to terminate a Charter or divert the aircraft if any Client or passenger behaves in such a manner that the captain considers such behavior has affected or is likely to affect the safety and/or security of the aircraft, its crew and
13.3. In the interest of safety, the carrier limits passengers and cargo weight, and approves Airports depending on the type of aircraft, weather, and terrain. All such limitations are subject to approval by the carrier.
14. AIRCRAFT AND CREW
The Carrier shall provide for the Client’s sole use the Aircraft, crewed with fully licensed and qualified pilots, and equipped for the performance of the Charter.
Any additional services shall be specified within the Agreement.
15. TRAVEL DOCUMENTS & PREPARATIONS
15.1. The Client and its passengers shall be solely responsible for having in their possession all required travel documents and for all flights, including passports, visas and international requirements if The Client shall cause all passengers to display their respective photographic identifications to the pilot in command of the Aircraft prior to travel. Specific details will be handled per flight.
15.2. If, for any reason, the passengers do not have requisite visa or permission to enter the country is denied upon arrival, by the customs or border agency of that country, and the carrier is required to fly the passengers back to their home country, the costs of this flight will be the responsibility of the passengers and they will be billed upon completion of the flight.
15.3. Minors (as such term is defined below) are not allowed to fly without their accompanying parent or legal guardians.
16. PASSENGER REQUIREMENTS
16.1. The Client shall instruct and cause the passengers to act in a reasonable manner at all times while aboard the Aircraft and to comply with the directives and instructions of the pilots in command of the Aircraft.
16.2. The Client shall be liable to JetClub and/or the Carrier for any damage caused by any of the passengers to the Aircraft, or otherwise.
16.3. No smoking is allowed on the airplane
16.4. Due to safety reasons and because of the limited space available, the Client is entitled to demand the transport of pets only if JetClub and the Carrier has been notified at the time of booking and has confirmed and given written notice on the carriage of the animal.
Pets must be secured in an appropriate container designed to prevent movement during take-off, landing and periods of turbulence. The Client must provide a suitable harness to be attached to their own non-critical phases of the flight for the comfort of the animal. This must remain in place in order to ensure the animal is unable to access the cockpit.
Live animals should only be carried when they are pets weighing not more than 8 kg with the exception of Guide dogs.
Client is responsible for ensuring that the animal complies with the requirements in the country of destination and that the animal is medically fit to travel. JetClub and/or the Carrier will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country, state or territory and the person carrying the animal must indemnify immediately on demand and keep indemnified JetClub and the Carrier in respect of any fines, costs, losses or liabilities imposed or incurred by JetClub and/or the Carrier
JetClub reserves the right to charge the Client cleaning fees for transportation of animals.
17. SPECIAL CATEGORIES OF PASSENGERS (SCPs)
17.1. Children and infants
An infant is a minor that has not yet reached his/her 2nd birthday. A child is a minor between 2 and 12 years of age, having reached his/her 2nd birthday but not his/her 12th birthday.
An infant shall be carried on the lap of an adult passenger; therefore, one infant should be accompanied by one adult on board the aircraft.
17.2. Unaccompanied minors
Children between 12 and 16 years maybe accepted as unaccompanied minors if requested. Children under the age of 5 can’t be accepted as unaccompanied minors. They must always travel with their parents, siblings aged 16 or over, or other persons aged 18 or over, capable of guarding and guiding the child throughout the journey, including check-in formalities, customs, immigration etc.
17.3. Expectant mothers
Expectant mothers with complication-free pregnancies can fly until the end of the 36th week of pregnancy or up to four weeks before their expected due date without a medical certificate from a gynecologist. However, JetClub recommends that expectant mothers beyond the 28th week of their pregnancies carry a current letter from a physician which states the following:
- confirmation that the pregnancy is progressing without complications
- the expected due date
- the doctor should expressly state that the patient’s pregnancy does not prevent her from flying.
No seating capacity limitations for:
- Passengers who can ascend and descend steps and move in the aircraft cabin but who require a wheelchair for distance to/from the aircraft.
- Passengers who cannot ascend and descend steps, where the wheelchair is required to/from the aircraft and the passenger must be carried up/down the steps but is able to make their own way to/from cabin seat.
The Carrier can not accommodate passengers who are completely immobile and require a wheelchair to/from the aircraft and must be carried up/down the steps and to/from their cabin seat.
18. DANGEROUS GOODS REGULATIONS (DGR)
A comprehensive DGR list can be found here.
19.1. The law on air navigation and other provisions in force in Malta on the matter shall apply to areas not expressly regulated in the hereby Agreement. The liability derived from the international air transport shall be governed by the Warsaw Convention in 1929, the Hague Protocol in 1955, the Rome Convention in 1952 and the Montreal Convention on May 28th, 1999, or otherwise, by the mentioned law on air navigation.
In this regard, the Carrier states that it has properly secured the risks derived from legal liability to passengers and / or luggage, to the extent required by the art. 3.2 and 5.2 of the Regulation (EC) No. 2027/97 of the Council of the European Union on October 9th, 1997 on the liability in case of accidents, as amended by Regulation (EC) 889/2002 and thus by those set out by the Montreal Convention on May 28th, 1999.
19.2. JetClub and/or the actual carrier shall be liable for indirect and/or consequential damage only if the damage is attributable to gross negligence or intent on the part of JetClub and/or the actual carrier. The foregoing exclusion of liability shall not apply to indirect and/or consequential damage resulting from injury to life, body or health of a person owing to infringement of an obligation caused by negligence on the part of JetClub and/or the actual carrier.
19.3. If the damage is attributable to contributory negligence on the part of the damaged party, the standards of the applicable law relating to exclusion or reduction of compensation obligations in cases of contributory negligence by the damaged party shall apply. The above provision shall apply accordingly if the damaged party fails to satisfy his/her obligation to keep the damage to a minimum.
19.4. Notwithstanding the above mentioned, JetClub and/or the actual carrier shall indemnify the Client against any personal injury in an amount not exceeding the level mentioned in its insurance policy which personal injury is limited to USD 25.000.000.
19.5. Under no circumstances shall JetClub or the actual carrier be responsible for any lost profits, or indirect, incidental, special, consequential or remedial damages. JetClub or the actual carrier shall have no liability for delay or failure to furnish the services contemplated by this Agreement when such a delay of failure is caused by circumstances beyond JetClub’s control, including, without limitations, aircraft mechanical failures, weather, any governmental mandate or ATC guidance.
JetClub and the actual carrier., strictly prohibits strongly scented items (durian, vinegar, etc…), dangerous goods (explosives, firearms, explosives, hazardous materials, etc…), and illegal items (i.e. smuggled items, illegal drugs, wild animals etc…) on all of its aircraft, and shall not be responsible for the said items. Such items will be immediately removed from the aircraft once discovered and the flight may be terminated at JetClub’s sole discretion.
All liability and responsibility for the items (and the damages it has caused) shall remain with the Client and the individual customer that brought the items. Client indemnifies and holds harmless JetClub and its affiliates and flight operations partners (including its personnel and directors) from any and all liabilities and responsibilities.
20. DATA PROTECTION
20.2. In compliance with GRPR, the Client is informed that the data provided will be processed by JetClub with the purpose of executing this Agreement, and, where appropriate, for the purpose of sending the Client commercial communications and news from JetClub which may be of interest to him/her.
20.3. The personal data provided will be kept for the time necessary to comply with legal and contractual obligations according to current regulations at all times. The legal basis for the handling of the Client`s data is the execution of this Agreement, as well as the Client`s consent for commercial communications and news of JetClub to be sent to him/her.
20.6. The Client authorizes JetClub to retain and use personal information regarding the Client, its agents and passengers carried or to be carried and to transmit it to companies involved in providing transportation or related services and facilities, data processors working for JetClub, JetClub`s agents, government enforcement agencies, credit and payment card companies.
21. PASSENGER EMERGENCY CONTACT DETAILS REGULATION (EU) NO 996/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 OCTOBER 2010 ON THE INVESTIGATION AND PREVENTION OF ACCIDENTS AND INCIDENTS IN CIVIL AVIATION
21.1. In accordance with Article 20.3 of Regulation (EU) No. 996/2010, every Client has the right to provide JetClub with the name and contact details of a person who Jetclub is to contact in the event of an emergency relating to the Client. JetClub shall use such information only in the event of such an emergency.
21.2. JetClub undertakes that none of the details provided by a Passenger under this Section will be passed on to third parties or used for commercial purposes.
22. ROLE AND LIABILITY OF JETCLUB
JetClub only acts as a charter flight broker and as an intermediary between the Carrier and the Client. JetClub arranges carriage by air by chartering aircraft from the Carrier, acting as agent, in the name and on behalf of the Client. The Carriage Agreement (and any Ground Transportation and Accommodation agreement) is entered into between the Carrier and the Client (represented by JetClub). Without prejudice to its rights under this Agreement, JetClub is not a party to the Carriage Agreement (and any Ground Transportation and Accommodation agreement) and shall not bear any obligation or liability in relation thereto.
JetClub does not assume liability for any damage due to any action or omission of the Carrier or third parties or occurring out of or in connection with the Flights, whether incurred by the Client or by the Passengers. The Client and the Passengers hereby acknowledge to JetClub that in any such event the Client and the Passengers shall only have recourse against the Carrier, and waive any and all claims and remedies against JetClub. Without prejudice to the generality of the foregoing, JetClub shall not bear any liability (and shall in particular not reimburse the Price or any other amount to the Client or the Passengers) if the Carrier ceases activity or goes bankrupt before the departure of the Flight(s).
Should any individual provision be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision.
The Client shall not be entitled to assign the benefit of this Agreement to any other person without the consent in writing of JetClub.
25. GOVERNING LAW AND JURISDICTION
25.1. The hereby Agreement, its particular and general terms and conditions shall be applied and interpreted according to the laws of the Republic of Malta.
25.2. Both contracting parties agree to submit to ordinary civil jurisdiction and to the competence of courts of the Republic of Malta any dispute that may arise from the compliance, breach and interpretation of this Agreement.