General terms and conditions for charter flight

General Terms and Conditions for Charter Flight (GTCF) of Heli Air Services JSC

1. DEFINITIONS

1.1. “Annex” shall mean a supplementary agreement to the charter flight contract, which, if concluded, forms an integral part thereof. In the event of a conflict between the Charter flight contract or its annex and these GTCF, the provisions of the Charter flight contract or its annex shall prevail.

1.2. “Registered baggage” shall mean baggage that is carried in the baggage compartment of the aircraft (checked baggage).

1.3. “Charterer” shall mean a person chartering seat capacity on one or more of the Operator’s aircraft and who is a party to the charter flight contract, including when acting on behalf of a third party or as an agent. It is possible in some cases for the Charterer and the passenger to be the same person.

1.4. “Charter flight contract” shall mean an agreement, executed in legally binding form, for the performance of a flight between the Operator and the Charterer.

1.5. “Force Majeure” refers to unforeseeable and unavoidable events beyond the Operator’s control, including, without limitation, acts of God, weather conditions, natural disasters, war or civil commotion, military actions (whether war is declared or not), terrorist acts, riots, insurrection, civil disturbances, public demonstrations, sabotage, acts of vandalism, fire, flood, earthquake, extreme weather conditions, health epidemic, an order of any court or governmental or regulatory authority, any strike, lockout or other industrial or labor dispute (official or unofficial), and similar events that make completion of the agreed flight impossible. The party invoking force majeure shall notify the other party within a reasonable time, but no later than 48 hours after becoming aware of the event.

1.6. “Charter flight” encompasses the period during which the passengers, baggage or cargo are on board the aircraft and are under the responsibility of the Operator. The term may be used below in its shortened form “flight(s).”

1.7. “Operator” means Heli Air Services JSC, with registered office and management address at 1540 Sofia, Sofia Airport – North, VAT registration BG121448470, and/or any of its contractual partners and/or any aircraft operated by such a contractual partner, as approved by the Operator and agreed with the Charterer.

1.8. “Unchecked baggage (hand baggage)” shall mean baggage that the passenger carries with them on board the aircraft (carry-on baggage).

1.9. “Aircraft” shall mean the aircraft with which the charter flight is performed.

1.10. “GTCF” shall mean the present General Terms and Conditions for Charter Flight.

1.11. “Flight price” shall mean the price agreed in the charter flight contract in accordance with the provisions of the charter flight contract and these GTCF, and which may be adjusted – decreased or increased – according to the conditions set out in the present GTCF and in the charter flight contract.

1.12. “Baggage” shall mean both registered and/or unchecked baggage.

1.13. “Passenger” means a natural person whose name appears on the passenger manifest and who is transported under the present contract. Passengers are normally not parties to the contract and do not acquire independent rights vis-à-vis the Operator, unless explicitly authorized by the Charterer by a written document. All matters related to the organization, payment and termination of the flight are arranged between the Operator and the Charterer. In some cases, the Passenger and the Charterer may be the same person.

1.14. “Emergency landing” means an unscheduled landing of the aircraft, carried out at the discretion of the flight commander or the Operator, for reasons of flight safety, technical malfunction, unfavorable weather conditions, medical incident on board, or other extraordinary circumstances beyond the Operator’s control.

1.15. “Ground handling” means all services provided to the aircraft and/or passengers between the time of arrival and departure at an airport, including, but not limited to: parking, refueling, baggage and cargo handling, provision of mobile stairs, cleaning and catering services, supply of water and electricity, customs and border control, and transfers to and from the terminal.

1.16. “Empty Leg (empty flight)” is a flight that was initially planned to be operated without passengers in connection with logistical positioning of the aircraft, but which the Operator offers to the Charterer to use as a charter flight at a preferential price and with limited commitments on the part of the Operator. An Empty Leg flight arises when an aircraft needs to be repositioned from one airport to another to operate another (already confirmed) flight. Because the aircraft must reposition in any event, the Operator is able to offered to the Charterer for use under pre-determined parameters and under limited commitments by the
Operator, and at a reduced price, which reflects the fact that:

  • the route and timing are not determined by the customer;
  • the flight may be changed or cancelled due to logistical considerations;
  • the Operator reserves the right, at any time and for operational, logistical or technical reasons, to modify the parameters of the flight (including the timings, route, departure/arrival airports and the aircraft) or to cancel the flight, without any compensation, penalty, reimbursement or liability of any kind being due, to the maximum extent permitted by applicable law. The Operator assumes no commitments in relation to connecting flights, compensation or guarantees.

The price of Empty Leg flights is significantly lower than a standard charter flight, as the customer accepts a lower level of flexibility and rights. The flight is considered an opportunity to utilize a logistical movement of the aircraft that the Operator would in any case perform.

1.17. “Flight Request” shall mean any written request submitted by the Charterer to the Operator for the organisation and/or execution of a charter flight, including by electronic mail, which indicates the desired destination, date and/or approximate time, number of passengers, aircraft type or other specific criteria, irrespective of whether a Charter Flight Agreement has been signed at the time of the request.

2. APPLICATION AND VALIDITY

2.1. These General Terms and Conditions for Charter Flights (GTCF) shall apply to all charter flight agreements signed between “Heli Air – SAU” JSC and the Charterer, as well as to any written flight request submitted by the Charterer, regardless of whether a charter flight agreement has been signed at the time of the request. Any general terms and conditions of the Charterer, including those referring to foreign law, shall be deemed null, void, and expressly excluded, regardless of whether they are accepted electronically or incorporated by reference in other documents.

2.2. Any derogation from the GTCF and any changes shall be valid only after written confirmation by Heli Air Services JSC. Oral agreements have no legal effect. Any derogation, amendment and/or supplement to the GTCF must be made solely in writing through the charter flight contract or an Annex to it. “In writing” includes communication by fax, email, a signed electronic document or a qualified electronic statement in accordance with the Bulgarian Electronic Document and Electronic Certification Services Act.

2.3. Changes to the charter flight contract or its annexes must be explicitly identified and confirmed as such and can only be made in writing, as otherwise they have no legal effect. In this context, “in writing” means communication by fax or other electronic format (e.g. email). In writing shall include communication by fax, email, a signed electronic document or a qualified electronic statement in accordance with the Bulgarian Electronic Document and Electronic Certification Services Act.
Any Flight Request submitted by the Charterer shall be binding and shall be deemed an integral part of the process of concluding a Charter Flight Agreement. If the Charterer withdraws the Flight Request, refuses the offered slot, or otherwise expresses their unwillingness or inability to proceed with the organisation of the flight after submitting such a request, the provisions of Article 3.5 shall apply accordingly.

2.4. The Charterer is obliged to inform each passenger and cargo forwarder of the GTCF of Heli Air Services JSC. The Charterer is responsible for all consequences of failing to fulfill this obligation, including claims by third parties.

2.5. The charter flight contract comes into effect upon reconfirmation (acceptance) by the Charterer of the charter flight contract, received by the Operator in a timely manner and in writing. After receiving a request from the Charterer, the Operator will submit a non-binding offer in writing, indicating the key details of the proposed flight (aircraft type, route and price). If the Charterer confirms the information in the offer in writing and wishes to proceed with the booking, the Operator (if it has not already done so) will send a charter flight contract, accompanied by these GTCF, to be signed and returned by the Charterer. Once the charter flight contract is signed by both the Charterer and the Operator, a binding charter flight contract comes into effect. The offered service remains subject to the availability of aircraft and crew, and depends on the technical feasibility of performing the charter flight. Any change by the Charterer after the charter flight contract is signed by both parties – such as a change of departure or arrival airport, a request for an additional leg/airport, an increase in the number of passengers, or a request for additional passengers on any leg – must be agreed by an Annex to the existing charter flight contract, signed by both parties. Once such Annex is signed by both parties (or the change is confirmed by the Charterer via email), the charter flight contract is deemed concluded with all legal consequences.

2.6. The flights subject to the present General Terms and Conditions are operated with a Cessna 560XL type business aircraft under an individual charter contract, and do not constitute scheduled air services. No airline tickets are issued. Passengers are carried on the basis of a list of names submitted in advance by the Charterer. The service does not fall under the scope of Regulation (EC) No. 261/2004 and does not confer rights that are characteristic of scheduled airline passengers.

2.7. In case of any inconsistency between the charter flight contract and the present GTCF, the charter flight contract shall take priority.

2.8. Passengers listed on the passenger manifest are not parties to the charter flight contract and do not have independent rights against the Operator. All rights and claims related to the flight shall be made solely through the Charterer. This limitation applies with priority over provisions of international or national acts, unless otherwise provided for by mandatory provisions. This limitation of passengers’ rights applies with full force even in cases of termination of the contract by the Charterer or the Operator under Clause 15, as well as in cases of flight refusal pursuant to Clause 3.5.

3. REGULATIONS, LAWS AND ORDINANCES

3.1. The Operator shall apply the following regulations, laws and ordinances:
a) the “General Terms and Conditions for Charter Flight” (GTCF) of Heli Air Services JSC;
b) the provisions of the Warsaw Convention for the Unification of Certain Rules Relating to International Air Carriage, signed in Warsaw on 12 October 1929, the Hague Protocol of 1955, the Montreal Additional Protocol No. 2 (1975), and the Guadalajara Convention of 1961;
c) the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999;
d) Bulgarian laws, the Civil Aviation Act, and all regulations and requirements related to the conduct of aviation activities within the territory of the Republic of Bulgaria;
e) European Council Regulation (EC) No. 2027/97 of October 1997.

3.2. The Charterer acknowledges the importance of legal restrictions and obligations relating to aviation activities and undertakes to comply with these rules, regulations, laws and ordinances.

3.3. After the charter flight contract is signed, all subsequent communications, confirmations and clarifications between the parties made via email shall be considered binding and have the force of a written agreement, unless expressly agreed otherwise.

3.4. Any preliminary flight schedule, including departure and arrival times and specified airports, is indicative and subject to confirmation by the relevant aviation and airport authorities. The Operator is entitled to unilaterally propose alternative times, airports and routes in accordance with the slots and permits received or available. Such changes are not considered non-performance of the contract and do not release the Charterer from its obligations under the contract, including payment obligations.

3.5. If, prior to the signing of the Charter Flight Contract or any amendment thereto, but after a written request for a flight (including via email or other electronic channel) has been submitted, the Charterer refuses the proposed slot, the request, or the flight, or declares an inability or unwillingness to proceed with the organisation of the flight for any reason whatsoever, this shall be deemed a unilateral termination by the Charterer. In such case, the Charterer shall pay:

  • a contractual penalty in the amount of 50% of the agreed flight price; and
  • reimbursement of all actual expenses incurred by the Operator up to that time, pursuant to Article 15.6.

If, after signing of the Charter Flight Contract and/or confirmation of a flight request, the Charterer cancels the request, slot, or flight, this shall equally constitute unilateral termination by the Charterer, and the penalties and provisions of Section 15 shall apply in full.
In all cases, regardless of the reason for refusal, the Charterer remains obliged to reimburse the Operator for all actual expenses incurred until the moment of termination, pursuant to Article 15.6.

3.6. By submitting a flight request, sending a confirmation, paying part or all of the price, or providing a passenger list, the Charterer accepts the present General Terms and Conditions as an integral part of the charter flight contract. The absence of a signature on the contract or these terms does not affect their validity or binding force.
The lack of confirmation of a proposed slot within the specified deadline shall be deemed a refusal of the flight request attributable to the Charterer and shall give rise to the consequences set forth in Article 3.5.

4. LIABILITY

4.1. Operator’s Liability: The Operator is liable only within the scope of the conditions and rules set out in Clause 4 of this contract.
4.1.1. The Operator is liable for losses incurred solely during the charter flight operated by it. The Operator’s liability shall in no case exceed the amount of the proven direct loss and cannot exceed its liability limit as the Operator.
4.1.2. Except in cases of gross negligence and intent, The Operator is expressly released from liability in the following cases:
a) Damage caused by third parties.
b) Damage resulting from non-fulfilment of obligations due to force majeure or bad weather conditions that make the safe execution of the flight impossible, as well as for reasons, direct or indirect, relating to legal or regulatory obligations, decrees, ordinances or rules, or damage/non-performance due to reasons not attributable to the Operator.
c) In case of loss, damage or delay of baggage, the Operator’s liability is limited in accordance with the applicable international law, specifically the Montreal Convention (1999), if applicable. If the Convention does not apply, liability is limited to a maximum of 1,000 SDR (Special Drawing Rights) per passenger in total, unless the Charterer has declared a higher value in advance and paid the corresponding fee.
d) Claims and/or expenses of any kind relating to the Charterer, its employees, representatives or contractual partners, arising from the performance or non-performance of the charter flight contract by the Operator.
e) Indirect or consequential claims of any kind arising from a delayed or cancelled flight due to technical reasons beyond the Operator’s control or those endangering flight safety.
f) Lost profits of the Charterer and the passengers, as well as non-material and indirect damages, regardless of the degree of fault, unless it is proven by a final court decision that the Operator intentionally caused the damages by actions exceeding professional negligence.
g) Claims arising from refusal to board passengers due to non-compliance with applicable border, customs, health, sanitary or visa regulations, or due to lack of the necessary documents.
All claims against the Operator arising from actions or omissions, including negligence, are excluded, except in the case of willful unlawful conduct or gross negligence proven by a final court judgment.
4.1.3. The Operator shall be liable only for direct losses incurred for which evidence of occurrence, cause and amount can be provided.
4.1.4. The Operator shall not be liable if it proves that it took all necessary measures to prevent the loss or was unable to take such measures to prevent the loss.
4.1.5. The Operator’s release from liability applies also to its agents, employees, representatives and all third parties whose aircraft the Operator uses, including such third parties’ agents, employees and representatives. The total amount of compensation payable by the Operator cannot exceed its liability limit as the Operator. In cases where the flight is performed by a third party (subcontractor), the Operator’s liability does not exceed the liability agreed between the Operator and that third party, unless otherwise provided by law. The Operator is not liable for any indirect or consequential damages, including (but not limited to) lost profits, loss of revenue, agreed penalties or fines, additional costs or other similar damages arising from the performance, delay or non-performance of the charter flight.
4.1.6. The maximum aggregate liability of the Operator under the charter flight contract shall not exceed the liability limits of the Operator’s insurance coverage under the mandatory insurances pursuant to the requirements of Regulation (EC) No. 785/2004. The Operator is not liable for any damages or amounts exceeding the stated insurance coverage.
4.1.7. If the Operator assigns performance of the flight to another duly licensed air carrier (subcontractor), all liability limitations and exclusions provided in the present General Terms and Conditions shall apply in full and for the benefit of that carrier (as well as its employees and agents). In such cases, the Operator assumes no additional liability for the acts or omissions of the subcontractor beyond what is established in the present terms.
4.1.8. None of the liability limitations or exclusions provided herein shall apply: (a) in the event of damage caused by the Operator’s willful misconduct; or (b) to the extent that such limitation or exclusion contradicts a mandatory provision of applicable law.
4.1.9. The Operator is not liable for damages caused by acts or omissions of airport authorities, border police, customs authorities, air traffic control (ATC), ground handling agents or other third parties, including where a permit is refused or an inspection or delay occurs due to such parties.

4.2. Charterer’s Liability
4.2.1. The Charterer is responsible for performance of the charter flight contract, even if acting as an intermediary. The Charterer is liable for all damage caused to the aircraft by the Charterer’s employees, representatives, agents and/or passengers. The Charterer bears full responsibility for the actions and behaviour of the passengers, including in cases of violation of customs, border or aviation rules and instructions.
4.2.2. The Charterer is obliged to inform the Operator in writing of any damage caused to transported passengers during the charter flight (within two hours after completion of the flight), and likewise of any damage to baggage/cargo (within two hours after its delivery). If the damage is not reported within the specified time, the Operator shall not be liable.
4.2.3. Checked baggage / unchecked baggage / cargo / mail to be loaded on board the aircraft must not contain items that could endanger the aircraft or passengers; their carriage must not be prohibited by the laws or regulations of countries directly or indirectly affected by the performance of the flight.
4.2.4. Checked baggage / unchecked baggage / cargo / mail to be loaded on board the aircraft must be permissible for air transport on the Operator’s aircraft and must be packaged in accordance with regulatory requirements.

4.3. Liability for Personal Accident
In the event of death or bodily injury of a passenger sustained on board the aircraft or during disembarkation or embarkation, the Operator shall be obliged to compensate the passenger if it is proven that the Operator is responsible for the death or bodily injury caused. The Operator is liable for death or bodily injury of a passenger only in accordance with the provisions of the Montreal Convention of 1999 (or, where that Convention does not apply, the Warsaw Convention of 1929 with its protocols) and Regulation (EC) No. 2027/97. In accordance with these provisions, the Operator does not limit its liability for proven damages up to the Convention’s specified threshold for each passenger; for damages above that threshold, the Operator is not liable if it proves that neither it nor its employees or agents were negligent or otherwise at fault, or that the damage was caused entirely by an act or omission of a third party.

4.4. Liabilities in relation to Damage to Passenger Baggage
4.4.1. The Operator’s liability for lost, delayed or damaged baggage is as provided by the Warsaw Convention, including its supplementary protocols and agreements.
4.4.2. The Operator is not liable for loss of or damage to fragile or perishable items (computers or other electronic equipment), valuables, jewellery, money, securities or other valuables, medicines, keys, passports, newspapers, magazines, identity cards or other documents, as well as samples or other items in the passenger’s checked or hand baggage, whether or not the Operator has been informed of them. This limitation does not apply only in the case of deliberate damage caused by the Operator.
4.4.3. The Operator is not liable for damage caused by items contained in a passenger’s baggage. If such items cause damage to another passenger’s baggage or to the Operator’s property, the passenger is obliged to indemnify the Operator for all damages and costs incurred by the Operator.

4.5. A breach by the Charterer of any of the obligations under this Section gives the Operator the right to terminate the contract unilaterally and with immediate effect pursuant to Clause 15.1, without liability for damages. In such case the Operator is entitled to a penalty in the full amount as per Clause 15.2.

4.6. The Operator has the right to assign the performance of the charter flight or parts thereof to third parties (subcontractors) that hold the necessary aviation licenses. In these cases:

  • all liability exemptions and limitations under the contract shall also apply for the benefit of the subcontractor, including its crew, agents and suppliers;
  • the Operator is not liable for damages from acts/omissions of the subcontractor beyond the limits of mandatory liability under the Guadalajara, Montreal or Warsaw Conventions;
  • the Charterer expressly agrees that the subcontractor is considered the actual carrier and the Operator the contracting carrier for the purposes of international law.

5. INSURANCE

5.1. The Operator is obliged to maintain a valid passenger personal accident insurance policy, payable in the event of death or loss of working capacity, in accordance with Regulation (EC) No. 785/2004.

5.2. In the event that an affected party is compensated under an accident insurance, that party cannot claim compensation for accident-related damages caused by the Operator to the extent of the amount paid under the insurance indemnity. In all cases, any accident compensation will be counted towards the Operator’s liability coverage.

5.3. In the event the flight is performed with an aircraft other than the Operator’s, the insurance and liability of the operator whose aircraft is operating the flight shall apply.

5.4. The aircraft used to perform the charter flight contract may be operated only within the scope of the flight permit granted, in accordance with aviation legislation and the requirements of the aviation authorities of the Republic of Bulgaria, the country of registration, and the countries to/from which passengers are carried or over which the aircraft flies.

5.5. The Charterer undertakes to ensure that each passenger or cargo forwarder is made aware of the General Terms and Conditions of the charter flight contract.

5.6. The Operator holds a valid aviation liability insurance policy in accordance with the requirements of applicable aviation and insurance legislation, including coverage for liability to passengers, baggage and third parties.

5.7. The insurance policy is concluded for the benefit of the Operator and solely covers the Operator’s liability as expressly imposed by law in its capacity as an air carrier. The existence of insurance does not create any additional rights for the Charterer or the passengers, other than those expressly granted by law or contract.

5.8. The Operator is not liable for damages that exceed the liability limits of the insurance policy. The Charterer is solely responsible for deciding whether it is necessary to take out additional insurance (including, but not limited to – accident, trip cancellation, event cancellation, baggage or medical insurance) at its own expense and in its own name. The total liability of the Operator for any given flight is strictly limited to the amount of coverage under the applicable insurance policy. The Operator is not liable for claims exceeding this limit, regardless of the nature of the damage or the number of persons affected. All claims against the Operator are limited to the amount of coverage under the insurance policy. Claims beyond this limit, including those for non-material damages, indirect losses and lost profits, are not subject to compensation.

5.9. The Charterer’s decision not to obtain additional insurance shall not release it from its obligations under the Charter Flight Contract, nor shall it create any grounds for claims against the Operator. The Operator owes no direct compensation to passengers outside of its contractual relationship with the Charterer, and any claims shall be submitted solely through the Charterer. Claims for loss of profit, non-material damages, or indirect harm are expressly excluded.

5.10. In the event of an insured occurrence, the Operator will assist to a reasonable extent in submitting a claim to the insurer, without assuming any obligation for the outcome of such claim.

5.11. The Operator is not liable for any indirect damages, including but not limited to: lost profits, non-material damages, losses from missed meetings, contracts or other business opportunities, caused by delay, cancellation, route change or other circumstances related to the flight.

5.12. The Operator is not liable for damages resulting from actions or omissions of third parties, airport authorities, border control, maintenance organizations, fuel suppliers, air traffic control or other factors beyond its operational control.

6. DOCUMENTS OF PASSENGERS, BAGGAGE AND CARGO

6.1. Issuance of Charter Flight Documents
6.1.1. The charter flight contract is issued by the Operator. Once it is issued, the Charterer must provide the Operator with a passenger manifest not later than 48 hours (two working days) before departure, or by any earlier deadline specified by the Operator, together with all necessary information and documents. The Charterer warrants that all such documentation is accurate, complete, authentic and valid. The Charterer also guarantees that the passengers have all travel documents required for entry into and exit from any country, including, without limitation, passports, visas, proof of vaccination, etc. The Charterer is liable for all damages resulting from the inaccuracy, incompleteness or invalidity of the information and documents provided, or from documentation that is provided late or issued improperly. The Charterer is also responsible for compliance with applicable customs and health regulations at each airport where the aircraft lands or from which it departs. In the event that a passenger is not permitted to board or is detained by authorities due to lack of required documents or due to inaccurate/incomplete information, the Operator shall not be liable, and all resulting costs, including delays, diversions and fines, shall be borne by the Charterer.
6.1.2. In the event that the Charterer is itself a carrier as defined in the Warsaw Convention, the Charterer is responsible for issuing its own carriage/charter documents to the passengers and their baggage, unless otherwise agreed in writing with the Operator. Carriage/charter documents issued or accepted by the Charterer may not contain any conditions different from those of the Operator or that increase the Operator’s liability. If the Charterer fails to issue tickets for the passengers and their baggage as defined in the Warsaw Convention, or if such tickets are issued incompletely or inaccurately, the Charterer shall indemnify the Operator for all losses that would have been avoided if the tickets for the passengers and their baggage had been duly issued.
6.1.3. The Charterer is responsible for ensuring all information is accurate and complete, as well as for all damages resulting from inaccurate or incomplete information.
6.1.4. The Operator is not liable for claims by third parties against the Charterer. In the event the Charterer breaches or is in default under the charter flight contract and the clauses of the GTCF, it shall indemnify the Operator for all resulting damages.

6.2. Documents and Permits
6.2.1. It is the Charterer’s responsibility to ensure that passengers possess, prior to departure, all valid documents required for travel, such as passports, visas, entry permits, etc.
6.2.2. The Charterer is responsible for ensuring that all passengers or cargo forwarders comply with the passport, customs and health requirements of the countries to which they will travel.
6.2.3. Costs incurred from non-compliance with these requirements, laws, decrees or regulations shall be paid by the Charterer, including any fines imposed. The Charterer undertakes to reimburse the costs incurred by the Operator in connection with such violations, together with an administrative fee in an amount determined by the Operator, but not less than EUR 250 per occurrence.

7. FLIGHT DOCUMENTS AND PERMITS

7.1. The Operator shall issue or obtain all documents and permits necessary for the charter flight, in accordance with legal and intergovernmental agreements/regulations for air transport. The Charterer shall assist in their procurement to the best of its ability. The Charterer undertakes to timely secure all necessary flight documents, permits, visas, customs declarations, passenger manifests and other documents or conditions required by aviation, border, customs, sanitary or other authorities. The Operator is not liable if the flight is delayed or cannot be carried out due to the absence, inaccuracy or non-recognition of such documents by the competent authorities. All adverse consequences of such circumstances, including refusal of entry of a passenger into a given country, are entirely at the Charterer’s expense.

7.2. The Operator shall not be liable for any consequences resulting from unissued permits (flight permit, overflight or landing clearance) in cases where such permits were requested in a timely manner and in the prescribed manner following timely information from the Charterer. If permits are not issued or are refused due to incomplete, inaccurate or delayed information from the Charterer, all resulting consequences and costs, including cancelled or delayed flights, shall be borne entirely by the Charterer. In such a case, if as a result of non-compliance under Clause 7.1 the flight cannot be performed or is interrupted, this is considered a cancellation due to the Charterer’s fault within the meaning of Clause 15.3.1, and gives rise to an obligation to pay a penalty and reimburse expenses under Clause 15.6.

7.3. In cases where the Charterer is an air carrier and the flight is operated under its flight number, it is obliged, as the carrier, to submit applications for flight permits, overflight and landing permissions necessary for performance of the flight. All costs related thereto are at the Charterer’s expense, and it is responsible for obtaining those permits as well as for all consequences of their delay or non-issuance.

7.4. All other documents required for the performance of domestic or international flights shall be provided by the Charterer.

8. AIRCRAFT AND CREW

8.1. For the purposes of the agreed flight, the Operator is obliged to provide a suitably equipped and fueled aircraft with crew, in accordance with applicable law.

8.2. The Operator has the right at any time to replace the aircraft with another aircraft from its fleet or with an aircraft of a third party. The Operator must notify the Charterer of any such changes as soon as possible before departure. A change of aircraft does not entitle the Charterer or the passenger to withdraw from the charter flight contract. In case the Operator changes the aircraft, the Operator’s right to receive payment of the flight price remains valid and unaffected, and the Charterer shall pay all additional costs arising from the actions taken in connection with such change. The Operator is not liable for any claims or losses of the Charterer arising from such a replacement, except in case of proven willful misconduct or gross negligence.

8.3. The Operator and the flight commander have the right at any time to delay or cancel the flight for technical reasons or for reasons of safety; to land or decide not to land; and to make decisions on similar issues without the Charterer having the right to object. Such decisions are final and binding on all passengers and on the Charterer, and do not give rise to any right of compensation or cancellation of the contract, except in cases of proven gross negligence. In this regard, the Operator and the flight commander are authorized to instruct passengers and issue orders regarding the loading, arrangement and unloading of the carried baggage. They have the right to decide whether and how to perform the flight and, if necessary, to divert the route and make one or more emergency landings, without the Charterer being entitled to object. All costs related thereto shall be borne by the Charterer.

8.4. In the event that authorities require a change in the configuration of the aircraft after the charter flight contract has been signed and fewer seats are available to the Charterer than originally agreed, the Charterer has the right to seek a proportional reduction of the agreed price. If the Operator refuses to reduce the price, the Charterer has the right to withdraw from the charter flight contract. The Operator is obliged to inform the Charterer immediately of the reduction in the number of seats. The Charterer must notify the Operator in writing within 24 hours of such notification; otherwise, it is deemed to have waived the right to a reduction or to withdraw from the contract.

8.5. If the aircraft performing the charter flight lands at or departs from an airport in a city that has more than one suitable airport, other than the airport specified in the charter flight contract, due to airport operational reasons, ATC (slot) restrictions, or force majeure, the Operator is not liable for any resulting costs or damages to the Charterer or the passenger, except for direct losses caused by willful misconduct or gross negligence. In such cases, the Charterer or passenger shall pay the Operator all additional costs arising from the actions taken.

9. LOADING / UNLOADING

9.1. Passengers
9.1.1. The Operator and/or the flight commander have the right, at their sole discretion, to refuse boarding or carriage to certain passengers when necessary for safety or other operational reasons.
9.1.2. Carriage of pregnant women: Pregnant women may be carried up to 4 weeks before the expected date of birth without the need for a medical certificate. The Operator reserves the right to require such a certificate and/or to refuse boarding if it suspects that the pregnancy exceeds the 35th week. These conditions apply to all flights on the route, including the return. Notwithstanding the above, the responsibility and risk rest entirely with the Charterer or the passenger when they decide to board the flight.
9.1.3. Carriage of infants, minors and juveniles: Due to the risk of potential health issues, the Operator recommends that newborn infants up to 7 days of age not be taken on board the aircraft and not fly. Children travel on the lap of their parents, guardians, custodians or accompanying passengers during take-off and landing, and also during the flight if so instructed by the aircraft captain.

9.2. Baggage
9.2.1. The number and weight of baggage that can be carried depend on the number of passengers, the aircraft reserved, and the expected weather conditions. The passenger(s) must be informed by the Charterer of the maximum allowable baggage (number and weight) for the flight. The pilot has the right to reduce the maximum allowable baggage weight per passenger for safety reasons in each individual case.
The weight of passenger baggage is limited for flight safety reasons and varies depending on the type of aircraft. Baggage determined by the aircraft captain to be of excessive weight or size will not be loaded onto the aircraft. The charter flight is calculated using standard EU-OPS weight tables per Charterer or passenger and by aircraft type. The Charterer or passengers are obliged to notify the Operator of all excess and oversized baggage, specifying the dimensions and weight, including but not limited to sports equipment, prams/strollers and car child seats.
All changes regarding the composition of passengers or the number and weight of baggage must be reported to the Operator at least 3 hours before the scheduled departure time.
If the Charterer or the passengers have not provided the exact weight and volume of all baggage within the required time, the Operator shall not be liable for any departure delay caused by weighing baggage due to the process of recalculating the aircraft’s weight and balance. Carriage of excess and oversized baggage will be decided based on available capacity and safety rules for each flight at the discretion of the commanding pilot. Accordingly, the Operator reserves the right to accept only a limited quantity of, or to refuse entirely, the carriage of excess or oversized baggage.
9.2.2. Excess baggage and/or special baggage shall be agreed and specified in a separate annex to the charter flight contract.
9.2.3. The flight commander has the full right, at his discretion, to reduce weight limits for the sake of flight safety in each individual case.
9.2.4. Items or animals that could endanger the aircraft or the passengers on board may not be transported. All passengers are required to familiarise themselves in advance with the present General Terms and Conditions, including the rules concerning dangerous goods and the list of items prohibited for carriage in hand or checked baggage. Passengers are also obliged to declare to the Operator or the Pilot-in-Command the presence of any dangerous or prohibited items in their baggage prior to boarding. A passenger may not carry dangerous goods on board—whether on their person or in their baggage—including, without limitation, weapons or items that could be used as weapons. If such prohibited items are found on a passenger, they must be declared to the pilot before the start of the flight. The pilot will decide whether and how to transport such prohibited baggage or objects and has the right to cancel the flight if he fears that persons or the aircraft may be endangered. Items, bulky baggage, etc., are not permitted on board if there is any risk of harm or injury to persons, or damage to aircraft equipment.
9.2.5. Prohibited items in hand baggage:
a) Weapons – Any item capable of, or appearing capable of, discharging a projectile or causing injury, including: all firearms (pistols, revolvers, rifles, etc.); replicas and imitation firearms; component parts of firearms (except telescopic sights and scopes); air pistols, rifles and pellet guns; flare guns; starter pistols; toy guns of all types; BB guns; industrial bolt and nail guns; crossbows; slingshots and catapults; harpoons and spears; humane animal stunners; stunning or shocking devices, such as cattle prods or tasers (ballistic energy weapons); lighters shaped like firearms.
b) Blades and sharp objects that may cause injury, including: axes and hatchets; arrows and darts; crampons; harpoons and spears; ice axes and ice picks; ice skates; locking or spring-loaded knives of any length; knives with blades longer than 6 cm made of metal or any other material strong enough to be used as a potential weapon; meat cleavers; machetes; open razors and blades (except safety or disposable razors with enclosed blades); sabres, swords and swordsticks; scalpels; scissors; ski poles and walking/hiking sticks; throwing stars; trade tools that have the potential to be used as sharp or pointed weapons, e.g. drills, carpet knives and box cutters, letter openers, all saws, screwdrivers, crowbars, pliers, wrenches, blowtorches, etc.
c) Blunt instruments – Any blunt instrument capable of causing injury, including: baseball and softball bats; clubs or batons – rigid or flexible – (e.g. blackjacks, night sticks and batons); cricket bats; golf clubs; hockey sticks; lacrosse sticks; kayak and canoe paddles; skateboards; billiard cues; fishing rods; martial arts equipment (e.g. knuckle-dusters, clubs, kusari, kubotans, nunchakus, etc.).
9.2.6. Electronic equipment: For safety reasons, the use of all personal electronic devices is strictly prohibited during take-off and landing. The use of mobile phones is not permitted at any time during the flight. The use of other electronic devices is allowed only with the consent of the commanding pilot. Portable electronic devices (PEDs, laptops, mobile phones, etc.) containing lithium batteries, carried by passengers, may only be carried in the cabin on their person or in their hand luggage.
9.2.7. Smoking on board the aircraft before, during and after a charter flight is prohibited.
9.2.8. Electronic cigarettes, also known as personal vaporizers or electronic nicotine delivery systems, may be carried only in the cabin (where any incident can be immediately detected), and not in checked baggage.

9.3. Cargo
9.3.1. When transporting cargo, the costs and risk of loading and unloading the aircraft are borne by the Charterer. The Charterer is obliged to provide the necessary elements for securing the cargo, in accordance with the Operator’s requirements.
9.3.2. The Operator has the right, at its own discretion and for its own account, to manage the usable cargo capacity of the aircraft that is not utilized by the Charterer.

9.4. The Charterer guarantees the following:
a) the cargo/baggage/mail to be transported on board the aircraft does not contain articles that would endanger the aircraft or persons; their carriage is not prohibited by the laws, regulations or ordinances of the countries directly or indirectly affected by the performance of the flight.
b) the cargo/baggage/mail being transported is permitted for air carriage and is packaged in accordance with the requirements.
c) for safety reasons and due to limited space, passengers are entitled to request carriage of pets only if the Operator was notified at the time of booking and confirmed carriage of the pet. The Charterer or passenger is responsible for ensuring that the pets meet the requirements of the destination country.

10. PRICE OF THE CHARTER FLIGHT

10.1. The total agreed charter flight price includes:
a) The costs of operating and maintaining the aircraft;
b) The salaries of the aircraft crew;
c) Insurances;
d) Landing, parking and hangar fees, fuel surcharge, as well as the charges for ground handling of the aircraft (excluding the costs of de-icing the aircraft);
e) Passenger charges, if not paid directly by the passengers or if no other clause in the charter flight contract provides that the passenger charge is to be paid by the Charterer;
f) Passenger check-in and handling of their baggage or cargo;
g) In-flight catering (on-board buffet) in accordance with the Operator’s standards;
h) Overflight fees;
i) All costs for obtaining mandatory permits, licenses and administrative fees required for performance of the flight, in cases where such costs are incurred by the Operator.

10.2. The agreed price does not include:
a) Costs of transport of passengers to/from the airports;
b) Costs for visas, customs fees, duties and any other formalities related to the passengers and/or their baggage;
c) Costs incurred by the Operator due to a contract change requested by the Charterer;
d) “Royalty” charges – passenger charges applicable in certain regions;
e) Additional costs arising from force majeure events, and the costs of de-icing the aircraft and additional costs resulting from needing to place the aircraft in a hangar to prevent freezing;
f) Additional costs incurred as a result of increased flight time or changes in the route due to adverse weather conditions, technical failure, actions of third parties or circumstances beyond the Operator’s control, including those related to permits, baggage, cargo or schedule. This includes, but is not limited to, the situations described in Clauses 7.3, 8.3, 9.3.1, 10.4, 12.2 and 12.3;
g) Special services provided and/or arranged by the Operator, for example VIP services, special catering services, on-board telecommunications via satellite phone, de-icing and anti-icing of the aircraft, limousine service, etc.;
h) Any costs, fines or claims from third parties arising as a result of actions or omissions of the Charterer, its representatives or passengers.

10.3. Changes in the costs that make up the charter flight price, due to circumstances not dependent on and outside the Operator’s sphere of influence (such as an increase in government fees or other taxes) that become known after signing the charter flight contract but before completion of the transportation service, entitle the Operator to unilaterally increase the charter flight price accordingly, without prior consent of the Charterer.

10.4. An increase in fuel prices of up to 5% will be borne by the Operator, but an increase in fuel prices above this threshold will be entirely at the Charterer’s expense (including the initial 5% that would otherwise have been borne by the Operator). Such price adjustments are deemed automatically due and are not subject to further negotiation, annex or approval by the Charterer.

11. PAYMENT TERMS

11.1. The charter flight price shall be paid in cash, by credit card or by bank transfer to the Operator’s account specified in the charter flight contract or its annexes, no later than 3 (three) days after signing the charter flight contract, unless otherwise agreed. All bank fees and commissions related to the payment of the charter flight price are at the Charterer’s expense, unless otherwise agreed. In case of late payment, the Operator has the right to withhold performance of the flight until full receipt of the agreed payment. A payment delay of more than 24 hours is considered a material breach, in which case the Operator may terminate the contract with immediate effect, without owing compensation and with the right to retain any amounts already received as a penalty.

11.2. During performance of the flight, all payments and expenses made by the Operator at the Charterer’s request which are not included in the paid charter flight price shall be reimbursed by the Charterer to the Operator against an invoice in a currency specified by the Operator. The Charterer is obliged to reimburse such expenses by paying the invoice amount within 7 (seven) days of receipt of the invoice, without the need for an explicit demand for payment (including notarial or judicial notice).

11.3. All invoices issued by the Operator are considered accepted by the Charterer if not disputed in writing within 3 (three) working days of their receipt. After this period, any claims by the Charterer regarding the amounts or the grounds for charging them are deemed extinguished.

12. FLIGHT SCHEDULE

12.1. The flight schedule will be specified in the charter flight contract or in the relevant annexes thereto, and is binding on the Charterer.

12.2. The times specified in the flight schedule and in the transport documents are approximate. The Operator will ensure these times are observed, but has the right to change them if circumstances so require and are beyond the Operator’s control, or if required for flight safety. Any additional costs incurred as a result of changing the specified approximate times are at the Charterer’s expense.

12.3. If the Charterer, the passengers and baggage do not arrive on time at the airport, or if the cargo is not ready at the airport in time for loading, the Operator is entitled to a penalty as per point 15.5 below, or is entitled to terminate the charter flight contract and to a penalty as per point 15.5 of this contract.

12.4. Any delay caused by the Charterer or the passengers that leads to exceeding the crew’s duty time (thereby requiring crew replacement or rest) or leads to loss of an airport slot shall be considered a new flight request. In such event, all additional costs for ground handling, aircraft stay, crew, parking, new permits, etc., shall be paid by the Charterer, whether or not the flight is ultimately performed.

13. ON-BOARD CATERING

13.1. The Operator will serve drinks and food on board the aircraft during the flight, according to its standards for the aircraft category, unless otherwise agreed.

13.2. All requests for special foods and beverages beyond the standard on-board service must be submitted in writing by the Charterer at least 48 hours before the flight and approved by the Operator. If such requests result in additional costs, they will be at the Charterer’s expense. The Operator is not liable for the absence of special on-board catering or products when such requests have not been made or have not been confirmed in a timely manner.

14. POSTPONED SERVICE, IMPOSSIBILITY OF PERFORMANCE

14.1. In the event that the Operator is unable to perform or complete the agreed flight for reasons for which it is responsible, it shall make reasonable efforts to provide a suitable alternative means of transport by using its own or a leased aircraft. If this results in additional costs, the Operator shall inform the Charterer, who shall confirm acceptance of the additional costs within two (2) hours of notification. In the absence of express confirmation or in the event of an express refusal, it shall be deemed that the Charterer has declined the proposed alternative. In such a case, the Agreement shall be considered terminated in accordance with Clause 15.1, without any liability of the Operator for non-performance.

14.2. If it is impossible to perform the flight or if the flight is significantly delayed, the Operator shall owe only a proportional refund of the part of the paid price corresponding to the unperformed portion of the flight, and only if the reason for non-performance is entirely due to the Operator’s willful conduct and gross negligence. In all other cases, including in instances of negligence, no refund or compensation is due.
The existence of a technical malfunction shall not constitute evidence of fault or gross negligence on the part of the Operator. Provided that the Operator maintains the aircraft in accordance with the applicable aviation maintenance documentation and the approved maintenance programmes, it shall be presumed that the Operator has exercised the required standard of care

14.3. If a return flight is part of the charter contract, that portion of the service remains in effect and payable if the Operator is able to perform it according to the agreed schedule, regardless of the inability to perform the preceding flight.

14.4. The Operator is not liable for any indirect damages, lost profits, consequential losses, business damages or other losses arising due to a change or cancellation of the flight, unless it is proven that they were caused intentionally or as a result of gross negligence by the Operator.

15. TERMINATION, CANCELLATION AND PENALTIES

15.1. The Operator has the right to terminate the charter flight contract unilaterally, without notice and with immediate effect, when:
a) the Charterer, the passengers or the baggage do not appear at the agreed time or are not ready for boarding;
b) the Charterer fails to make a due payment or to provide proper security;
c) there is a technical malfunction, adverse weather conditions, operational impossibility or a safety risk, as determined by the flight commander or a responsible employee of the Operator;
d) force majeure circumstances occur that prevent performance;
e) the Charterer refuses, withdraws or fails to coordinate a slot, airport or schedule, despite relevant confirmations by aviation authorities;
f) passengers or representatives of the Charterer violate customs, sanitary, passport or aviation rules;
g) a passenger manifest or other required information is not provided on time;
h) dangerous items, weapons or prohibited substances are discovered in the baggage;
i) a passenger displays behavior that creates a real threat to safety, order on board or the legality of the flight;
j) the Charterer assigns capacity or rights under the contract to third parties without the Operator’s prior written consent;
k) there are medical or health circumstances (incl. contagious diseases) that render the flight impossible or unlawful;
l) the Charterer or the passengers are in an intoxicated or unfit condition.

15.2. In the event of termination under Clause 15.1, except in cases concerning a technical malfunction due to the fault of the Operator, the Charterer owes the Operator:

  • a penalty in the amount specified in Clause 15.3.1(d); and
  • reimbursement of actual costs incurred and duly documented, pursuant to Clause 15.6.

15.3.1. The Charterer has the right to terminate the contract before the scheduled departure time by written notice to the Operator, in which case the following penalties are due:
a) more than 8 days before departure – a penalty of 10% of the agreed total charter flight price;
b) from 7 days to 48 hours before departure – a penalty of 15% of the agreed total charter flight price;
c) from 48 hours to 24 hours before departure – a penalty of 30% of the agreed total charter flight price;
d) less than 24 hours before departure – a penalty of 50% of the agreed total charter flight price;
e) in the event of unilateral termination under Clause 3.5 – a penalty of 50%, as well as reimbursement of costs.
15.3.2. In the event of termination of the charter flight contract under Clause 15.3.1, the Charterer owes the Operator reimbursement of actual costs incurred and duly documented, in accordance with Clause 15.6.
15.3.3. This clause also applies in the cases described in Clause 3.5, where the Charterer unilaterally withdraws from performance of the contract.

15.4. In case of delay of passengers, baggage or documents, the Charterer owes the Operator:
a) for a delay of 1 to 2 hours – a penalty of 5% of the agreed total charter flight price;
b) for a delay of 2 to 4 hours – a penalty of 15% of the agreed total charter flight price, and the Operator has the right unilaterally to terminate the charter flight contract;
c) for a delay of more than 4 hours – a penalty of 30% of the agreed total charter flight price, and the Operator has the right unilaterally to terminate the charter flight contract.

15.5. The penalties under Clauses 15.3.1–15.3.3 and 15.4 apply in addition to reimbursement of costs under Clause 15.6.

15.6. In the event of termination of the charter flight contract, regardless of the ground for termination, the Charterer owes the Operator reimbursement of all actual costs incurred by the Operator, including, but not limited to: handling, parking, overflight fees, catering, hotel accommodation, transfers, de-icing, administrative fees, payments to third parties and other contracted operational services, as well as any other direct costs, including banking, payment or transaction fees (including via Paynode or other platforms) incurred in connection with booking, holding, refund or cancellation of funds under the contract. Such costs shall be evidenced by invoices or other proper documents.
In the event of cancellation, termination, or refusal of the flight by the Charterer, the Operator shall have the right to retain or request payment for all actual expenses incurred in the process of organising the flight, including, but not limited to: slot requests and confirmations, crew scheduling, aircraft repositioning, airport fees, handling arrangements, regulatory permissions, and coordination costs with third parties.

15.7. The Operator has the right to set off all penalties, costs and other claims due under this contract against the charter flight price already paid by the Charterer, without the need for additional consent from the Charterer. The set-off is deemed to have occurred at the moment the claims to be set off become due.

15.8. Notwithstanding the right of termination, the Operator may refuse carriage of specific passengers, baggage or cargo, without terminating the contract, in the following cases:
a) a passenger is suffering from an infectious disease or condition that endangers safety;
b) baggage contains prohibited or dangerous substances;
c) passengers do not appear on time due to personal, logistical or border-related reasons;
d) a passenger’s behavior creates a threat to security or order, or violates the law;
e) as required by applicable regulations or for safety considerations;
f) the Charterer or passengers are in an intoxicated or otherwise impaired state.

15.9. In the cases of refusal of carriage under Clause 15.8, if such refusal leads to termination of the charter flight contract, the Charterer owes a penalty of 50% of the agreed total charter flight price, as well as reimbursement of incurred costs pursuant to Clause 15.6. The Operator is entitled to retain any amount already paid by the Charterer up to the amount due.

15.10. All passenger claims shall be brought through the Charterer. Passengers have no direct claim against the Operator, including in cases of gross negligence, unless explicitly provided by law or by written agreement.

15.11. The Operator is not liable for indirect, non-material or consequential damages, including lost profits, except in the event of willful misconduct.

15.12. The Operator’s liability is limited to the limits of its valid insurance policies, in accordance with Regulation (EC) No. 785/2004. Claims above these limits are excluded.

15.13. The Charterer guarantees that all passengers have been informed of the present terms, including the clauses on waiver, limitation and exclusion of liability.

15.14. Section 15 (Termination, Cancellation and Penalties) takes precedence over all other provisions of these General Terms and Conditions, including Clause 3.5, in case of conflict or difference in interpretation regarding the right of termination, its consequences, or applicable penalties.

15.15. All notices under this Section (including termination, refusal of carriage, penalties or reimbursement of costs) shall be made in writing via email or via the platform specified in the contract. Such notice is deemed properly given at the time of sending, unless proven otherwise.

15.16. Schedule Change and Slot Coordination: The Operator is not liable for any discrepancy between the times stated in the contract and the actually confirmed departure or arrival times (slots), when this is due to a refusal, change or restriction by aviation, airport or regulatory authorities. In such cases the Operator has the right unilaterally to modify the schedule, provided the new slots are operationally feasible and reasonably comparable to those originally agreed. If the Charterer refuses to proceed with the flight due to such a change in departure or arrival times, this is considered a unilateral refusal of the contract by the Charterer and triggers all consequences under Clauses 15.3.1–15.3.3 or Clause 15.9, including the due penalty and reimbursement of costs incurred. Costs related to requesting, changing or confirming slots, including administrative fees and third-party charges, shall be reimbursed by the Charterer pursuant to Clause 15.6, whether or not the flight was performed.

16. PASSENGER MANIFEST

16.1. The Charterer is obliged to provide a passenger manifest to the Operator or its handling agents not later than 48 hours before the aircraft’s departure, unless an earlier deadline is explicitly required by the Operator for permits or coordination purposes. The passenger manifest shall include any special requirements, if applicable (information on transit passengers, requests for additional services). The Charterer bears full responsibility for the accuracy and completeness of the information provided and must immediately notify the Operator of any change to the list.
If the passenger manifest is delayed or not provided, the Operator is not liable for consequences, including refusal of permission or delay of the flight.

17. EMPTY FLIGHT (Empty Leg)

17.1. The Parties expressly agree that an Empty Leg flight is not a flight requested by the Charterer, but a flight offered by the Operator as a result of an available opportunity, with the number of passengers, baggage, route, time and aircraft pre-determined by the Operator.

17.2. The departure times and route for an Empty Leg are indicative. The Operator shall have the right at any time to change or cancel the flight due to operational necessity, including the cancellation of the flight to which the positioning is linked, technical reasons or other objective circumstances.

17.3. If an Empty Leg flight is cancelled due to operational necessity arising from a change in the flight programme, technical reasons or other objective circumstances, the Operator shall have no contractual, tortious or statutory liability for any damages, losses, penalties, sanctions or other claims. The Operator’s liability shall be limited solely to refunding any price prepaid, if such has been paid. The Charterer expressly and in advance waives all other claims in such cases.

17.4. If the Charterer cancels after confirmation, for any reason, the Charterer shall owe the Operator a penalty of 100% of the agreed total charter flight price.

17.5. The Charterer expressly declares that it has been informed of, and accepts, the nature of the Empty Leg flight, its limitations and the absence of any guarantees on the part of the Operator.

17.6. This Section 17 shall take precedence over any provisions of these General Terms and Conditions that conflict with it.

17.7. Where the Charterer refuses, or the departure is delayed by more than fifteen (15) minutes due to the Charterer’s fault, the flight shall be deemed cancelled, and the Operator shall be entitled to a penalty equal to 100% of the flight price. This penalty reflects the exceptionally preferential pricing agreed for Empty Leg flights and the impossibility of realising substitute revenue.

17.8. The provisions of Clauses 15.3 to 15.6 (inclusive) shall not apply to an Empty Leg flight under this Section.

17.9. For the sake of clarity, all provisions of these General Terms and Conditions shall also apply to this Section 17, except those which are expressly stated to be inapplicable.

17.10. In view of the exceptionally preferential price offered for an Empty Leg flight, which does not cover the Operator’s full operational costs, and given that the flight will in any event be performed irrespective of passenger presence, the agreed penalty of 100% of the flight price shall be deemed by the Charterer to be a reasonable and proportionate compensation for the breach.

18. JURISDICTION

18.1. All disputes arising from misinterpretation or non-performance of this contract shall be resolved amicably through direct negotiations between the parties.

18.2. If within fifteen days from the date a dispute arises the parties do not reach agreement, each party has the right to refer the dispute for resolution exclusively to the Sofia City Court or the Sofia District Court in the Republic of Bulgaria. The parties waive the right to bring claims before any other jurisdictions.

18.3. The law applicable to resolution of the dispute shall be the law of the Republic of Bulgaria.

18.4. If any provisions of the present GTCF are declared invalid or are valid only in part, or are recognized as invalid at a later stage or may later be declared invalid, this shall not affect the validity of the other provisions of the present GTCF. In place of the invalid provisions, the contracting parties shall apply clauses whose content comes as close as possible to the meaning and purpose of the present GTCF.

19. MISCELLANEOUS

19.1. Smoking is prohibited on board all aircraft of the Operator.

19.2. The Operator may collect and process personal data of the Charterer and the Passenger solely to the extent necessary for the performance of the contract, for compliance with legal obligations, or for the protection of its legitimate interests, in accordance with Regulation (EU) 2016/679 (GDPR). The Operator shall not use such data for marketing or advertising purposes without the prior explicit consent of the data subject.

19.3. Upon submission of a flight request, the Charterer shall be deemed to have read, understood, and accepted these General Terms and Conditions unless they explicitly and immediately object in writing. The General Terms and Conditions shall be sent to the Charterer or made accessible via an electronic link provided by the Operator and shall apply even where no charter flight agreement has been signed, if the Charterer has confirmed the organisation of the flight or submitted a written request.

19.4. The General Terms and Conditions of the charter flight contract (GTCF) may be supplemented or amended by the charter flight contract.

20. All obligations of the Operator to the Charterer or passengers are exhaustively set out in this contract. Neither party has the right to invoke other legal grounds for a claim, unless willful intent is proven. This contract takes precedence over all other provisions, except where the contrary is explicitly imposed by a mandatory legal norm.

HELI AIR
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