TERMS OF SERVICES
PERFORMANCE OF THE FLIGHT
The Air Carrier operates according to the Air Operators Certificate (AOC GR-046). The Air Carrier undertakes the obligation to perform the Flight in full accordance with the applicable legislation and provided that it has obtained all necessary permits by the competent authorities for landing, etc., where and if applicable. The Aircraft must be in airworthy condition, properly manned and fully equipped. The Air Carrier shall not perform any part of the Flight unless it has obtained all permits required for the performance of that part of the Flight before takeoff. In case the required permits for certain parts of the Flight have not been granted before takeoff, the Air Carrier is under an obligation to inform the Charterer and the latter shall decide whether the Flight shall begin. The Charterer shall not be under an obligation to pay the Fare in case the Flight is cancelled due to the fact that the Air Carrier has not obtained all necessary permits. In such case, the Air Carrier shall be under an obligation to refund the Fare that has been paid by the Charterer forthwith and in full. In case the Charterer decides that the Flight will be performed regardless of the fact that the permits required for either the entire or certain parts of the Flight have not been obtained and, if such permits are not eventually granted, the Charterer is under an obligation to pay the Fare corresponding to the performed parts of the Flight, including the part from the termination point of the Flight to the Base Airport, as this is calculated in article 5.2 of the present.
REPLACEMENT OF AIRCRAFT
The Air Carrier may replace the Aircraft of Table II with another Aircraft, operated by the same, with similar or better specifications and transport capacity without the consent of the Charterer prior to takeoff. If the replacement aircraft is operated by another air carrier, the consent of the Charterer is required. In case the Air Carrier reasonably considers that the Aircraft is unsuitable to fly, the latter has the right but not the obligation to perform the Flight with another aircraft operated by it or, with the consent of the Charterer, by another air carrier with similar or better transport capacity and specifications. If such an aircraft is not available, the Air Carrier may perform the Flight with an aircraft with inferior transport capacity and specifications with the Charterer’s consent and, in the latter case, with an equivalent decrease of the Fare, mutually agreed upon by the Air Carrier and the Charterer. If the Flight is cancelled for the above mentioned reason or for any other reason not attributable to the Air Carrier, the latter is obliged to immediately inform the Charterer and return the Fare, if already paid in advance without, however, being liable to indemnify the Charterer.
INABILITY TO LAND
In the event that the landing of the Aircraft at the destination is not possible due to adverse weather conditions or other reasons of force majeure, the Air Carrier is under no obligation to return the Fare to the Charterer if the Fare has been paid in advance, nor is the Charterer released from its obligation to pay the Fare. The pilot shall decide, in his absolute discretion, on whether the landing is possible or not. In such case the pilot may decide to either return to Base or to land the Aircraft at the nearest location possible. If the Air Carrier had informed the Charterer before takeoff that landing at the destination might not be possible for the aforesaid reasons and the Charterer insisted on the performance of the Flight, the Fare shall be increased according to article 5.2 for the additional trip performed.
CHANGES IN THE FLIGHT
1 | The departure and arrival times mentioned in the description of the Flight are subject to changes imposed by the competent authorities. The Air Carrier has the right to make changes in the following cases: if, at its reasonable judgment, it is necessary for reasons of protection of the health of passengers and/or the safety of the Flight, in case of impairment of the Aircraft, in any case of force majeure,
2 | In all the above cases, the responsibility of the Air Carrier is limited to promptly informing the Charterer and arranging for feeding, transfer and accommodation of the passengers during the delay, the relevant expenses being borne by the Charterer, except in the case of Aircraft impairment. In the latter case, the Air Carrier shall take reasonable steps for finding another aircraft with similar specifications and transport capacity, or, if such is not available, with inferior ones, if the Charterer consents, in order to complete the Flight. If the completion of the Flight is not possible, the Air Carrier shall arrange at its own expense, for the transportation of the Charterer’s passengers to their next destination with the most objectively appropriate available regular airlines schedules. In case the departure of the aircraft is subject to prior deicing, the Fare shall be increased according to the price per occurrence mentioned in the main body of the agreement.
3 | In any of the above events, the Charterer may terminate the Agreement either in total or in part (i.e. for one or more parts of the Flight). In case the agreement is terminated in its entirety, if the Aircraft has not taken off from the Base Airport, the Air Carrier is under an obligation to return the paid Fare or if the Fare has not been paid, the Charterer is released from such obligation, the Air Carrier incurring, however, no liability to indemnify the Charterer. If the termination affects a part of the Flight, the Charterer owes part of the Fare pursuant to the following: (a) when the change is due to Aircraft impairment, the Fare is due for the performed parts of the Flight during which the passengers of the Charterer were onboard, (b) when the change is due to any other reason mentioned above, the Fare is due for the trip performed by the Aircraft from the Base Airport and irrespective of whether passengers of the Charterer were onboard, as well as for the trip performed for the return of the Aircraft from the point where the change was decided to the Base Airport of the Aircraft.
4| The Air Carrier is not under an obligation to perform a flight different from the one agreed. In case the Air Carrier accepts the change proposed by the charterer or the passengers, the charterer is under an obligation to pay the fare resulting from the calculation.
PAYMENT OF FARE
1 | The Charterer is under an obligation to pay the Fare, as well as any other amount owed to the Air Carrier according to the present Appendix in advance, upon the conclusion of the Agreement, otherwise the Air Carrier is not obliged to perform the Flight. The Flight is considered to have been booked when the Fare has been paid in full according to the quotation offered by the Air Carrier – otherwise, the Air Carrier undertakes no commitment for the performance of the Flight. The corresponding invoice shall be dispatched by the Air Carrier to the Charterer within five (5) working days from the performance of the Flight. Any additional amount resulting from the provisions of the present is due forthwith upon occurrence of the relevant cause, without any notification being required by the Air Carrier, unless otherwise agreed upon between the parties.
2 | The Fare composes of the Flight Charge and various other charges (for accommodation, waiting time, deicing and other additional charges which arise from the planning requirements of the Flight or specific requests from the Charterer) as mentioned in the main body of the Agreement. In all cases where there are provisions for readjustment of the Fare, this will be calculated as follows:
As far as the Flight Charge is concerned, the additional charge will be equal to the difference (absolute value) between the route initially agreed and the route actually performed, multiplied by either the agreed price per flight hour or the result of the agreed Basic Flight Charge divided by the agreed route of the Flight.
For the calculation of other charges, the unit price of the relevant charge provided in the main body of the Agreement shall be applicable, while with regard to other additional charges, the amount charged by the company providing said additional services or by the supplier will be applicable plus 10% for management expenses.
The term “route” in the present article means the route of the Aircraft using airways and is calculated in nautical miles.
3 | In case the Charterer rescinds the agreement and cancels the Flight, the Air Carrier is entitled to withhold or, in the absence of any payment in advance, to demand:
– 30% of the charter price in the event of a cancelation
– 60% of the charter price if the cancelation occurs between 48 and 24 hours prior to the flight departure
– 100% of the charter price if the cancelation occurs less than 24 hours prior to the flight departure
Should the flight need to be canceled by ifly due to bad weather conditions a full refund of the amount paid or the deposit paid would be applicable.
The Charterer is under an obligation to ensure that the passengers carry all necessary travel documents (e.g. identity card, passport, visa), hereinafter referred to as the “Travel Documents“. The Charterer must also ensure that the passengers and their luggage are at the departure place, indicated by the Air Carrier and mentioned in Table 1, at least 45 minutes prior to departure of the Aircraft (according to Table 1, or at the time determined by the Air Carrier in case of any change), unless the Air Carrier gives different instructions, which the Charterer is obliged to comply with. The Air Carrier is not under an obligation to postpone the departure of the Aircraft in case any of the passengers is not at the departure place on time and/or if any of the passengers does not have the necessary Travel Documents and/or if the Air Carrier deems that the condition of any of the passengers’ health renders him/her incapable of traveling, as well as in case of any other omission or violation of any of the terms of the Agreement by the Charterer or by any passenger. In any of the above events, the Air Carrier is cannot be held liable towards the Charterer or the passengers for not carrying them. If the Air Carrier postpones the departure of the Aircraft upon accepting a relevant request of the Charterer and/or the passengers, the Charterer may request the payment of additional amounts resulting from said postponement. In case the Flight or any part thereof is cancelled due to any of the above mentioned reasons and following the acceptance by the Air Carrier of a relevant request made by the Charterer and/or the passengers, the Air Carrier is entitled to withhold the Fare (or any part thereof) or, in the absence of any advance payment, to demand its payment.
SAFETY MEASURES - PERFORMANCE OF SAFETY CONTROL
1 | For safety reasons, the Charterer is under an obligation to ensure that the passengers shall not carry in their luggage dangerous items such as the following:
– explosives, ammunitions, fireworks, flares, pistol caps, guns etc.
– bags or briefcases with installed alarm devices;
– compressed gases, flammable, non-flammable poisonous etc.;
– flammable solids and liquids (lighter fuel, matches, paints, paint thinners, fire lighters etc.).;
– radioactive materials;
– poisonous and infectious substances;
– corrosives (acids, alkalis, mercury, wet cell batteries etc.);
– oxidizing materials;
– magnetized material or material offensive or irritating materials.
The carriage of medicine and cosmetics in limited quantities necessary for the passengers during the flight is allowed.
The above list of dangerous materials is not exhaustive. In case of doubt, the Charterer shall request clarifications from the Air Carrier.
2 | The Air Carrier may allow armed escorts or bodyguards in high risk flights under the conditions of Statute 2168/199 and according to the provisions of the Safety and Security Manual of the Air Carrier.
3 | In case passengers aboard from heliports or landing areas outside airports and if no competent authority is present, the person responsible for the performance of safety controls of the passengers and their luggage is the pilot. Prior to embarkation, the pilot shall perform identification checks based on the travel documents of the passengers as well as luggage checks either by hand or by any available electronic means. If a passenger refuses the above security control, he/she shall not embark the Aircraft. The pilot may refuse to take aboard a passenger or luggage if he reasonably thinks that the safety of the Flight is at risk. In case the Flight or any part thereof is cancelled due to any of the reasons prescribed in the provisions of the present article, the Air Carrier may withhold the Fare or, if the Fare has not been paid, demand its payment. All luggages shall be placed in the luggage compartment unless the pilot permits otherwise.
4 | Pets are allowed provided that the Air Carrier has been notified in advance (at least 12 hours prior to embarkation) and there is space in the luggage compartment. Pets shall be placed in the luggage compartment in their pet box (which the Charterer is under an obligation to furnish) unless the pilot permits their placement in the cabin.
INDEMNIFICATION IN CASE OF INJURY, DEATH OR DAMAGE
The Air Carrier is under an obligation to indemnify the passenger or his/her lawful heirs, in case of injury or death caused by an incident which occurred when the passenger was onboard the Aircraft or during embarkation or disembarkation, unless injury or death occurred due to the passenger’s state of health or is attributed to the passenger’s fault. The passengers are under an obligation to notify the Air Carrier of any health condition that may be worsened during the Flight – otherwise the Air Carrier is under no obligation to indemnify the passenger or his/her lawful heirs. In such case, the Air Carrier may at his absolute discretion refuse to take the passenger on board. In any event, if the Air Carrier proves that it and its employees have taken all the necessary measures to avoid the damage/injury/death or that it was impossible to take such measures, the Air Carrier is released from any liability for indemnification. In any event, the liability of the Air Carrier for injury or death is limited to the upper limits set by the relevant legislative provisions (EC) 785/2004 which are applicable at the time of occurrence of the incident. The above provisions are also applicable in case of total or partial loss and destruction of the luggage of the passengers occurring during the time between their delivery to the Air Carrier and their return to the passenger.
To performing the Agreement, the Air Carrier maintains and processes passengers’ data to the extent it is required a) to fulfill his obligations under this Agreement b) to comply with his obligations under the applicable legislative and regulatory framework governing carriage of passengers by air and the protection against public policy and security threats c) to comply with competent authorities’ instructions. Subject to applicable laws for the protection of personal data, data subjects have the right to access, rectify, erase, and restrict the processing of data concerning them.
The Charterer acknowledges that he is a joint controller for the processing of passengers’ data and as such undertakes the obligation a) to comply with applicable laws for the protection of personal data b) to inform data subjects accordingly about the processing of data concerning them in the context of the Flight c) to compensate the Air Carrier in the event legal action is brought against him by a data subject or an administrative fine is imposed by a competent authority, as a result of an infringement of personal data protection laws by the Charterer
GOVERNING LAW AND JURISDICTION
The present Agreement is governed by Greek Law. Any dispute between the contracting parties, arising directly or indirectly from the implementation of the present Charter-Party Agreement and this Appendix, shall be submitted to the competent court of Athens, which shall have exclusive jurisdiction.
The term “Base Airport” refers to the Athens International Airport “Eleftherios Venizelos” commonly initialized as AIA (IATA: ATH, ICAO: LGAV) .