SIDUS AVIATION GMBH
Kärntner Straße 17/13, 1010 Wien, Österreich FN 531925v, VAT Nr. ATU75533736
We, Sidus Aviation GmbH, being the authorized representative of UAB Classic Jet (the Operator/Carrier) have the pleasure in arranging the following booked flight (-s).
- If Client selects an alternate FBO or ground handling additional charge 1000 €
- Should more passengers be required to travel than hereby agreed and where the UAB Classic Jet agrees to any such change, I agree to be responsible for all additional costs this may incur;
- Animals/pets are only carried with the prior approval of the UAB Classic Jet. An additional charge may apply for the carriage of animals/pets where it is levied by certain airports. It is the responsibility of the passenger to provide suitable animal/pet cages/boxes.
Aircraft: Hawker 750/850 / LY-BGH / LY-BGD. Payable on invoice.
The charter price includes all aircraft specific charges and costs, crew and as well as an aircraft specific common catering. *The mentioned charter price does not include airport opening extension fees, royalties, special customer catering requests, certain VIP lounges, Internet or data usage on board, positioning flights as a result of not confirmed aircraft parking, un-scheduled fuel stop due to winds or excessive payload, de-icing or hangar parking, ground transportation, especially limousine service etc. Additional services such as ground transport, meeting rooms, first parking, etc. will be charged according to the 3rd party invoice. Charter price does not include the cost of de-icing (including de-icing services in case they were provided in the airport of a ferry leg heading to the airport of departure of the contracted flight) Smoking onboard is prohibited, penalty for violation – 1.000 EUR *In case of violation of payment dates the Carrier shall be entitled to charge and the Customer shall pay the penalty fee as follows: - if the delay in payment is 7 (seven) calendar days, the amount of the penalty is calculated from the 8th (eighth) day of delay inclusive at the rate of 10% per annum of the outstanding amount; - if the delay in payment is 30 (thirty) calendar days, the amount of the penalty is calculated from the thirtieth day of the delay, inclusive, at the rate of 15% per annum of the total debt. This offer is valid for today and made subject to continuing availability of aircraft and crew, the timely granting of over flight and landing permits, coordinated airport slots (where applicable) and granting of traffic rights by appropriate government bodies and aviation authorities. Immigration visas and passports validity are in the responsibility of the flying passengers.
The booking is subject to our acceptance.
UAB Classic Jet reserves the right to appoint an Aircraft with any registration to operate this flight.
UAB Classic Jet encloses Terms and Conditions of charter, including cancellation policy and list of restricted articles, including items of "dangerous goods" that cannot be carried. These Terms and Conditions must be read and understood and by each passenger prior to embarkation.
Cancellation Charges:
25% of the Charter Price if cancelled after confirmation of booking;
50% of the Charter Price if cancelled 7 - 4 days prior departure;
75% of the Charter price if cancelled 3 -1 days prior to departure;
100% of the Charter price if cancelled 24 -0 hrs. prior to departure;
Flights identified as 'One Way' will be subject to a 100% cancellation fee from the moment of confirmation of booking.
1.Recommended amount of luggage / hand luggage for transportation on Hawker aircraft, depending on the number of passengers:Up to 5 passengers 7-8 pieces of luggage Up to 8 passengers 3- 4 pieces of luggage
2. The maximum size of one piece of transported luggage for these aircraft is not more than 130 cm in the sum of three dimensions, the weight of one piece of luggage is not more than 20 kg, including hand luggage (this is a requirement in accordance with the current Rules of Carriage).
3. The restrictions specified in clause 1 do not apply to handbags, briefcases and other oversized items safely placed with a passenger in accordance with the Rules for the air carriage of passengers, baggage.
IMPORTANT: It is a requirement of customs and immigration authorities within the world that you provide full passport information for every passenger travelling not less than 24hrs prior to departure. This also allows for the correct calculation of Airport Passenger Duty where applicable. Upon signing these Terms & Conditions the number of passengers and their details cannot be altered without the prior consent of the UAB Classic Jet and that of the airports of departure and/or destination.
APPROVAL:
(i) I agree that, should my schedule change with respect to date, route, time or passenger load and the UAB Classic Jet is able to accommodate such change, I shall be responsible for all further costs incurred by the UAB Classic Jet. All costs over and above the Charter Price will be notified at the earliest opportunity;
(ii) I will supply full passenger names and passport details as required by the governing authorities as soon as possible. Failure to provide the details required may delay the request for any approval of traffic rights or landing permits necessary for the above schedule;
(iii) I have read, understood and agree to be bound by these Terms and Conditions and I confirm that the details in the schedule above correctly reflect my charter requirements.
On behalf of UAB Classic Jet, Sidus Aviation GmbH, as authorized representative.
UAB Classic Jet Terms and Conditions
1. General UAB Classic Jet Terms and Conditions
1.1. These Terms and Conditions and any additional terms set out in any relevant quotation and/or confirmation (collectively hereinafter the “Terms”) form the contractual basis for the provision of Flight Services (defined below) by UAB Classic Jet as contractual carrier.
1.2. The Terms are applicable for commercial transport of Passengers and/or any permitted goods from an agreed point of departure to an agreed point of destination as more particularly detailed in the quotation (“Flight Services”).
1.3. The contract may be concluded with (i) an end customer (“End Customer”) or (ii) an agent on behalf of an end customer (“Agent”) (either, as context demands, the “Client”). Where the Agent executes this contract, the Agent warrants (on its own behalf and as agent for its principal customer) that it is bound by these Terms jointly and severally with their customer. Any Client entering into this contract agrees to be held liable for any breach of the Terms by any passenger utilizing the Flight Services (“Passenger/s”) and generally for the acts and omissions of those Passengers.
2. Conclusion of Contract
2.1. The quotation issued by UAB Classic Jet constitutes a non–binding offer. Only the issuance of a Confirmation by UAB Classic Jet constitutes a binding offer which requires acceptance within the stipulated acceptance period. If such acceptance period is lapsed, UAB Classic Jet shall not be bound by its Confirmation.
2.2. The return of the Confirmation duly signed by Client, if an individual, or by an Officer of Client with authority and approval to bind Client, if a corporation, shall constitute a binding contract of carriage between Client and UAB Classic Jet.
3. Performance of Flight Services
3.1. UAB Classic Jet shall have the right to perform the Flight Services as contractual carrier or assign the performance of the Flight Services to a third party actual carrier pursuant to Section 7.
3.2. The Flight Services will be performed pursuant to and in accordance with the UAB Classic Jet as applicable at the date of Flight Services and the operating procedures approved by the competent authority of the contractual or the actual carrier as the case may be.
3.3. UAB Classic Jet expressively reserves the right to utilize on its own account any lay–over period or empty capacity the aircraft may have, including any empty legs related to the Flight Services, before, during or after the period in which the aircraft is available to the Client.
3.4. Flight Services are planned with a set of one (1) crew (Pilot in Command, Co-pilot) subject to crew duty time and rest period restrictions by applicable duty limitation regulations.
3.5. Cabin Service by one (1) Cabin Crew is included for all flights. Additional Cabin Crew may be supplied upon request and subject to additional charge at the sole discretion of UAB Classic Jet.
4.1. The Price (as stated on the Confirmation) does include aircraft costs including:
4.1. The Price (as stated on the Confirmation) does include aircraft costs including:- Crew,- Air navigation fees on the route;- Fueling at airports;- Airport fees;- VIP-lounge for passengers at airports;- Ground handling at airports;- Air navigation fees at airports;- Meteorological fees at airports;- Navigations providing;- Medical service for crew;- Crew hotel accommodation;- Catering delivery;- Catering on the route for passengers and crew.
4.2. The following costs are not included and shall be charged separately to Client at cost, including applicable taxes, plus a handling surcharge of 10%:- Insurance surcharges;- SATCOM services;- Special catering requests such as but not limited to caviar and special wines or spirits;- Cabotage permission costs;- VIP special handling, helicopter and/or limousine services;- Any other concierge services rendered by UAB Classic Jet upon request by Client; Additional, enlarged, or specialty crew or Cabin Crew as result of a request by the Client and/or any Passenger. In such event, Client acknowledges and agrees that if UAB Classic Jet has to use an enlarged or second crew, this may necessitate crew being in the cabin during the flight.
4.3. The quotation is subject to industry and related fuel price fluctuations. If the fuel price increases more than 5% at the destination or the arrival airport between date of quotation and Confirmation, the Price will be adjusted accordingly by the addition of a fuel surcharge
4.4. UAB Classic Jet offers are net and do not include any commission, unless requested by Client. 4.5. Taxes if applicable will be posted separately on the quotation/invoice.
5. Payment
5.1. All payments due to UAB Classic Jet shall be made upon receipt of invoice and cleared funds received by UAB Classic Jet no later than one (1) business day prior flight date (the “Due Date”), without setoff or deduction. Time for payment shall be of the essence. If the Due Date is not a business day (bank holiday or weekend) the due and payable amount shall be received and credited to UAB Classic Jet account on the last preceding business day. Payments are to be made at costs of the sender in the currency to the bank account stated on the invoice.
5.2. Where the Client does not remit payment by the Due Date, the payment due shall be increased by three percent (3%), save in the case where the Client has made the booking within twenty-four (24) hours of the confirmed departure time. In addition, late payments shall be subject to interest at 10% of the outstanding sum per annum (prorata) from the date due until UAB Classic Jet receipt. UAB Classic Jet shall not be in breach of contract if it suspends Flight Services or additional services until receipt of funds.
5.3. Incoming payments shall first be offset against the oldest debt. Payment which is not sufficient to cover the entire debt will first be offset against the interest and finally against the principal debt.
5.4. If the payment has still not been made after issuance of a reminder and the setting of a deadline for payment, UAB Classic Jet shall be entitled to withdraw from the contract of carriage and cancel the booking, subject to cancellation charges as set out in Section 8. UAB Classic Jet may refuse to set a payment deadline if the imminence of the departure date makes it unfeasible to stipulate a period for payment prior to departure. In such event, UAB Classic Jet may withdraw from the contract of carriage and refuse performance of Flight Services subject to cancellation charges as set out in Section 8.
5.5. Client and Passenger shall be jointly and severally liable for the payment of the Flight Services and any additional costs set out in the quotation, Confirmation and/or this Terms as well the cost of any damages or losses caused as a result of the conduct of the Client and/or any Passenger.
6. Flight Changes and Delays
6.1. UAB Classic Jet 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 UAB Classic Jet and/or the actual carrier’s control.
6.2. The Client is responsible to ensure that passengers arrive adequately in advance of the scheduled departure time. UAB Classic Jet and/or the actual carrier’s ability to satisfy any variation in the Flight Services shall always be subject to crew duty times and rest periods and the availability of additional crew.
6.3. Client may request a departure delay of up to a maximum of 60 minutes beyond any confirmed departure time. UAB Classic Jet shall agree to such delay if it is compatible with crew duty time restrictions, applicable aviation regulations and air traffic control requirements. If Client delays a flight in excess of 60 minutes beyond the confirmed departure time for any reason that is not the fault of UAB Classic Jet, the Flight Services shall be deemed to be cancelled by Client.
7. Substitution or Subcharter
7.1. Flight Services are aircraft type specific. UAB Classic Jet reserves the right to provide the Client at UAB Classic Jet sole discretion with an equivalent or superior aircraft type from the UAB Classic Jet fleet (Substitution Aircraft) at no additional cost to Client.
7.2. In the event that a Substitution Aircraft is not available for the Flight Services, UAB Classic Jet shall advise Client without delay and provide a revised quotation with revised pricing to reflect the provision for an Alternative Aircraft (from the UAB Classic Jet fleet or from another carrier). In the event Client does not agree to the provision of such Alternative Aircraft, UAB Classic Jet 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 UAB Classic Jet the fees and charges set out in the original quotation. 7.3. 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 UAB Classic Jet promptly of such termination and UAB Classic Jet shall refund the amount paid on a pro–rata basis 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 UAB Classic Jet of such cancellation promptly after being informed of such planned substitution by UAB Classic Jet (which shall be reasonably dictated by the circumstances) then UAB Classic Jet shall be entitled to deduct all pre-positioning costs and/or third-party cancellation charges from any applicable refund.
7.4. 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.
8. Cancellation
8.1. Flight Services shall be deemed cancelled by Client in the event of:- (i) cancellation of any booked flight communicated by the Client to UAB Classic Jet in advance of the commencement of Flight Services,- (ii) a delay of any Passenger and/or Client in excess of 60 minutes to the scheduled time of departure unless specifically agreed by UAB Classic Jet in advance in writing,- (iii) a no–show of either the Client and/or any Passenger,- (iv) any refusal of the Client and/or any of its passengers to comply with the reasonable instructions of UAB Classic Jet or the pilot–in command for flight safety and/or security reasons leading to the pilot–in–command to reasonably deem it necessary to cancel or terminate a planned flight, or- (v) Client failing to make any payment prior the Due Date.
8.2. In such circumstances set out in Section 8.1:- (i) the Cancellation Fees set out on the relevant quotation or Confirmation, and- (ii) the Administration Fee (equal to three percent (3%) of the Price) shall each be applicable and payable by Client.
8.3. All Cancellation and Administration Fees are subject to a minimum payment of Euro 1,000 which is a reasonable pre–estimate of the minimum cost to UAB Classic Jet where a booked flight is cancelled and takes account, by way of example only, costs associated with the arrangement and movement of flight crew, permissions and associated administration and the logistics involved in organizing the flight and any extra services.
8.4. In the event a flight is cancelled not as a result of actions of UAB Classic Jet, the costs of any additional goods and/or services arranged by UAB Classic Jet at the Client’s request through third party supplier(s) ancillary to the actual booked flight shall also remain the responsibility of the Client and shall be charged to the Client at the cost plus any applicable Surcharge pursuant to Section 4.2. 8.5. Any reimbursement of flight charges and of any other amounts paid by the Client in advance of the booked flight shall be subject to the deduction of any amounts outstanding owing to UAB Classic Jet, including Cancellation Fees. Any remaining balance of the sums paid by the Client shall be promptly repaid to the Client. If the funds paid by Client are not sufficient to cover the Cancellation Fees, Client undertakes to make payment of any additional sums required to cover the Cancellation Fees within seven (7) days of the date of issue by UAB Classic Jet of an invoice to the Client for such sums.
8.6. UAB Classic Jet will not be liable to the Client for any loss or expense incurred by the Client or any Passenger in the event of cancellation due to their failure to comply with the provisions set out or referred to in these Agreement.
9. Severability
9.1. Should any one or more clauses of these terms be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.
10. Miscellaneous
10.Aircraft availability shall always be subject to the carrier being able to obtain appropriate permits and permissions, including but not limited to traffic rights, customs and immigration permits, operational approvals, take-off and landing slots, insurance and compliance of Client and/or Passengers with applicable laws, rules and requirements, including immigration, customs, agriculture, currency and health regulations and sanctions applicable at each destination. Client shall provide UAB Classic Jet no later than 24-hours or by the date set by UAB Classic Jet prior to departure with a complete guest list, passport copies including applicable visa and all other necessary information and valid documentation and any other operational requirements for the requested Flight Service. UAB Classic Jet reserves the right to refuse arrangement of Flight Services if the entry and exit requirements for the country of departure or destination are not met, or if the required documentation/certification is not presented, without being liable for any damages due to such refused arrangement of Flight Services. Client and its Passengers shall be jointly and severally liable for any damages resulting from any incorrect or incomplete information provided to UAB Classic Jet or from the delayed or improper provision of such information. Client in its own capacity and on behalf of its guest indemnifies UAB Classic Jet in respect of claims for damages due to boarding denied by the carrier and all cost incurred in connection with Client or its guest not complying with all legal requirements of the country of departure, transit countries and the country of destination such as but not limited to surcharges, fees, fines, levy including lawyer costs and costs of repatriation. Furthermore, UAB Classic Jet shall not be liable or in any way responsible to Client or Client’s guests if it or the carrier are unable to timely secure such permits and permissions.
10.1. Client shall use the aircraft only for its own pleasure or for business in the carriage of Client and/or Passengers, and shall not use the aircraft:- (i) to offer or to provide transportation of passengers or cargo for remuneration of any kind;- (ii) in violation of any applicable law and/or the insurance requirements; or- (iii) for any illegal purpose including in violation of any applicable law or sanctions. UAB Classic Jet or the carrier may deny boarding to any Passenger who is listed on “no-fly” or similar lists, who lacks appropriate travel documents for international travel, or who is ineligible for transportation for any other reason. Client shall be fully responsible for ensuring Client and all officials, employees and guests on the aircraft are eligible for carriage and comply with all applicable laws.
10.3. Client has no proprietary rights in any aircraft utilized by Client pursuant to this Terms, and shall not cause, permit or allow any mortgage, charge, pledge, lien, hypothecation, assignment, claim or any other encumbrances whatsoever to be placed against the Aircraft.
10.4. This Agreement does not create a joint venture, partnership, or any other form of business relationship between the parties. Where more than one person and/or legal entity is designated as Client pursuant to this Agreement, then each person and/or legal entity shall all have joint and several liability to UAB Classic Jet under this Agreement.
10.5. Where applicable, any conversion of any rate from (1) US Dollar to (2) Euro (or any other currency) and/or vice versa shall be calculated on the basis of the respective midmarket rate to the US Dollar listed at www.oanda.com for the invoice date.
10.6. Each party’s rights and remedies under this Terms are cumulative and not alternative and are not exclusive of each other.
10.7. The collection, use, and processing of personal data of natural persons related to the Flight Services is governed hereby. By submitting personal data to UAB Classic Jet or an affiliate about any natural person, including Passengers, the Client hereby confirms that: (i) the Client has been appointed to act for such persons; (ii) such persons consent to the processing of their personal data, which data may also include sensitive personal data; and (iii) the Client will inform such persons of UAB Classic Jet identity, including the sections regarding types of personal data collected, how it is used, and who it is shared with.
10.8. This Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Terms (including any non-contractual dispute or claim) shall be governed by and construed in accordance with English law. The English courts located in London shall have exclusive jurisdiction to determine any dispute arising in connection with this Agreement, save that UAB Classic Jet shall retain the right to bring proceedings against the Client in the courts of any other competent jurisdiction whether or not proceedings in the English Courts are pending or have been prosecuted to judgment. This Section 10.8 is without prejudice to the rules of jurisdiction of any applicable law (including the Warsaw Convention or the Montreal Convention) which may apply to the carriage of the Passenger(s).
11. Force Majeure
11.1. UAB Classic Jet reserves the right at any time during the carriage to suspend or redirect the flight in question and/or provide the Passenger with another similar aircraft or cancel the flight without further liability to the Client in the event that the carriage cannot be completed in accordance with Client’s requirements due to war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, adverse weather conditions or other force majeure of any nature, technical reasons, detention or similar measures, accidents with aircraft, or due no other factors over which UAB Classic Jet has no control, or when the safety of the Passengers or the crew from the aircraft can reasonably be assessed to be in danger, at the discretion of the pilot in command or of UAB Classic Jet personnel (“Force Majeure Event”). Where UAB Classic Jet cancels the contract of carriage having commenced but not completed the carriage due to the Force Majeure Event, the Client shall only be charged on a pro rata basis for the portion of the carriage performed and any balance shall be refunded to the Client.
11.2. In the event that a Force Majeure Event occurs prior to the commencement of the carriage and no suitable solution can be found in the reasonable opinion of UAB Classic Jet, UAB Classic Jet reserves the right to cancel the contract of carriage without liability to the Client. In this case, UAB Classic Jet shall credit the Client with an amount corresponding to the flight in question minus all expenses already incurred.
11.3. Unless stated otherwise in mandatory (indispensable) legislation, UAB Classic Jet shall not be responsible for damage or loss as a result of or arising, directly or indirectly, in connection with the above mentioned circumstances.
11.4. UAB Classic Jet shall not be liable for any damage or loss of any nature whatsoever to the Client arising from any delay arising as a result of a Force Majeure Event.
12. Amendments
12.1. UAB Classic Jet reserves the right to amend these Terms at any time with effect for the future without obligation to notify the Client. The Terms as amended from time to time are published on the website as from the date on which they come into force. By continuing to use UAB Classic Jet services after amendment of the Terms, the Client declares his consent to the amendments.
EU Notice Requirement – Article 6(1) EU Carriers
Air Carrier Liability for Passengers and their Baggage
This information notice summarizes the liability rules and applied by the Community legislation and the Montreal Convention.
Compensation in the Case of Death or Injury
There are no financial limits to the liability of passenger injury or death. For damages up to 100,000 SDRs the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance Payment
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs.
Passenger Delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delays is limited to 4,150 SDRs
Baggage Delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs
Destruction, Loss or Damage to Baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the Carrier is liable only if at fault.
Higher Limits for Baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee
Complaints on Baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain to the air carrier within seven days and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier indicated on the ticket, the air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within 24 months from the date of arrival on the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the Information
The basis for the rules described above is the European Community Regulation No2027/97 (as amended by Regulation (EC) No889/2002) and national Legislation of the Member States.