Unless otherwise expressly agreed in writing, these “General Terms and Conditions of Carriage” (the “GTCC”) apply to any air transportation service if or which an agreement (the “Agreement”) having object the Aircraft (“the Aircraft”) has been concluded between the Client or by an agent on behalf of the Client on one hand and FLYING SERVICE N.V., FLYINGGROUP LUX S.A. or Hyperion Aviation Ltd. (hereinafter commonly called “FLYINGGROUP”) as air carrier, or FLYINGGROUP S.A.R.L. acting as agent in its own name but on behalf of FLYINGGROUP as air carrier, on the other hand.
FLYINGGROUP is the contracting carrier as defined in legislation governing carriage by air. In case FLYINGGROUP assigns the performance of the air transportation services to a third-party operator such other carrier is the actual carrier as defined in the applicable regulation.
These GTCC are published on FLYINGGROUP’s website and annexed to the Agreement.
1.1. FLYINGGROUP herewith covenants that the Aircraft will be operated by and under a valid Operating License and Air Operator Certificate as granted by the Competent Authorities in accordance with Regulation (EC) N∞ 1008/2008, on common rules for the operation of air services in the European Community and Regulation (EU) N∞ 965/2012 laying down technical requirements and administrative procedures applicable to commercial transportation by aeroplane (“CATOPS”) related to air operations pursuant to Regulation (EC) N∞2018/1139 of the European Parliament and of the Council, or any Regulation issued by EASA amending or completing those regulations, or any rulemaking amending or completing those regulations and any other applicable Regulation, as well as the Agreement.
1.2. The Client undertakes not to jeopardize or to prejudice the position of FLYINGGROUP under the conditions of the operating licence and air operator certificate of FLYINGGROUP.
2.1. The Client agrees that FLYINGGROUP has full operational control and responsibility over the Aircraft and the flights to be conducted with the Aircraft under the Agreement.
2.2. As such, and in respect of the safe and secure operation of the Aircraft, FLYINGGROUP, by virtue of the captain of the Aircraft, shall, amongst others, have complete authority and discretion (i) as to whether or not a flight should be undertaken, (ii) in respect of the amount of space and load available on the Aircraft for utilisation and its distribution, (iii) as to where landings should be made in deviation to the requested flight schedule. The Client undertakes to accept all such decisions by the captain of the Aircraft.
3.1. The flight times calculated and shown in the flight schedule are approximate and not guaranteed by FLYINGGROUP.
3.2. FLYINGGROUP shall not be responsible for deviation and delays caused by air traffic control, slot restrictions, labour and civil disturbances, mechanical failures to the Aircraft or ground equipment, crew duty time limitations for crew duties beyond the accepted flight schedule, local, national or international regulations, severe weather conditions or any and all other causes beyond the reasonable control of FLYINGGROUP.
3.3. In case of delay in the commencement or completion of any of the flight(s) considered under the Agreement, caused by the Client or anyone acting on his behalf, FLYINGGROUP will be entitled to claim indemnification for the damage suffered and will have the right to cancel the flight(s) considered under the Agreement, in full or partially, without any compensation or refund to the Client and not affecting its right to claim indemnification.
3.4. The Client may ask FLYINGGROUP to cancel or to make reasonable alterations, deviations or delays to a confirmed flight schedule at any time, in which case FLYINGGROUP shall be entitled to charge the contractual cancellation fees and the extra costs incurred for additional flight preparation resulting from the cancellation, alteration, deviation or delay in question.
4.1. FLYINGGROUP undertakes to timely apply for the authorizations or permits from governmental or other authorities necessary for the performance of the flight(s) considered under the flight schedule as requested by the Client. However, FLYINGGROUP will not be liable for any refusal, untimely granting or cancellation of authorization or permit provided that FLYINGGROUP has processed the applications within the time frames as published from time to time in the official publications and provided that sufficient time was available between confirmation and first departure.
4.2. The Client undertakes to provide FLYINGGROUP with the requested flight schedule with sufficient prior notice enabling FLYINGGROUP to process the applications within the time frames as published from time to time.
5.1. FLYINGGROUP will issue documents in accordance with the requirements, practices and procedures of FLYINGGROUP. The Client and its passengers will be bound by the terms and conditions of the issued traffic documents.
5.2. The Client shall comply with and ensure that all passengers accompanying observe and comply with all applicable laws, regulations, orders, decrees, directions, permits, licences, and authorities granted for the flights and/or issued by any relevant governmental or other authority, including but not limited to, Customs, Police, Public Health, and all other relevant regulations and authorities in jurisdictions where the aircraft originates, lands and flies over, and that such passengers comply with all relevant requirements, whether documentary or otherwise, in respect of themselves or their baggage and pay all taxes and dues which may be levied in connection with their baggage or otherwise upon such passengers.
The Client and Passengers are entitled to demand the transport of (domestic) animals and pets, but this request is subject to approval by FLYINGGROUP. Such request should be done at the time of booking of the flight. If FLYINGGROUP agrees to carry the requested animals, then the Client and the Passengers assume full responsibility for the safety, health, and conduct of their (domestic) animals and pets, and for compliance with all governmental requirements, regulations, or restrictions, including entry/exit permits and required health certificates of the respective countries, states, or territories.
7.1 For safety and security reasons, articles such as those listed below may not be carried in the passengers’ baggage. However, some articles, such as medicines, toilet articles, medical oxygen, wheelchair battery etc. may be carried in the passenger’s baggage provided they are carried and packed in accordance with the applicable regulations.
7.2 Liquids, Aerosols and Gels (LAGs) including pastes, lotions, liquid/solid mixtures and the contents of pressurized containers, such as toothpaste, hair gel, drinks, soups, syrups, perfume, shaving foam and other items with similar consistencies might be confiscated by security personnel at certain airports in case they do not meet one of the conditions described here below:
(a) be carried in the hold luggage; or
(b) be carried in individual containers with a capacity not greater than 100 milliliters or equivalent in one transparent re-sealable plastic bag of a capacity not exceeding 1 litre, whereby the contents of the plastic bag fit comfortably and the bag is completely closed; or
(c) to be used during the trip and is either required for medical purposes or a special dietary requirement, including baby food. When requested to do so the passenger shall provide proof of authenticity of the exempted LAG; or
(d) obtained airside beyond the point where boarding passes are controlled from outlets that are subject to approved security procedures as part of the airport security programme, on condition that the LAG is packed in a Security Tamper-Evident Bag (STEB) which is a bag that conforms to the recommended security control guidelines of the International Civil Aviation Organisation, inside which satisfactory proof of purchase at airside at that airport on that day is displayed; or
(e) obtained in the security restricted area from outlets that are subject to approved security procedures as part of the airport security programme; or
(f) obtained at another European Union airport, on condition that the LAG is packed in a STEB inside which satisfactory proof of purchase at airside at that airport on that day is displayed; or
(g) obtained on board an aircraft of a Community air carrier, on condition that the LAG is packed in a STEB inside which satisfactory proof of purchase on board that aircraft on that day is displayed.
FLYINGGROUP HAS NO LIABILITY WHATSOEVER IN CASE OF CONFISCATION OF ANY OF THE ITEMS BY AIRPORT AUTHORITIES.
7.3 PROHIBITED ARTICLES IN THE CABIN
Passengers are not permitted to carry the following articles into security restricted areas and on board an aircraft:
(a) Guns, firearms and other devices that discharge projectiles — devices capable, or appearing capable, of being used to cause serious injury by discharging a projectile, including:
– firearms of all types, such as pistols, revolvers, rifles, shotguns,
– toy guns, replicas and imitation firearms capable of being mistaken for real weapons,
– component parts of firearms, excluding telescopic sights,
– compressed air and CO2 guns, such as pistols, pellet guns, rifles and ball bearing guns,
– signal flare pistols and starter pistols,
– bows, cross bows and arrows,
– harpoon guns and spear guns,
– slingshots and catapults;
(b) Stunning devices — devices designed specifically to stun or immobilise, including:
– devices for shocking, such as stun guns, tasers and stun batons,
– animal stunners and animal killers,
– disabling and incapacitating chemicals, gases and sprays, such as mace, pepper sprays, capsicum sprays, tear gas, acid sprays and animal repellent sprays;
(c) Objects with a sharp point or sharp edge — objects with a sharp point or sharp edge capable of being used to cause serious injury, including:
– items designed for chopping, such as axes, hatchets and cleavers,
– ice axes and ice picks,
– razor blades,
– box cutters,
– knives with blades of more than 6 cm,
– scissors with blades of more than 6 cm as measured from the fulcrum,
– martial arts equipment with a sharp point or sharp edge,
– swords and sabres;
(d) Workmen’s tools — tools capable of being used either to cause serious injury or to threaten the safety of aircraft, including:
– drills and drill bits, including cordless portable power drills,
– tools with a blade or a shaft of more than 6 cm capable of use as a weapon, such as screwdrivers and chisels,
– saws, including cordless portable power saws,
– bolt guns and nail guns;
(e) Blunt instruments — objects capable of being used to cause serious injury when used to hit, including:
– baseball and softball bats,
– clubs and batons, such as billy clubs, blackjacks and night sticks,
– martial arts equipment;
(f) Explosives and incendiary substances and devices — explosives and incendiary substances and devices capable, or appearing capable, of being used to cause serious injury or to pose a threat to the safety of aircraft, including:
– blasting caps,
– detonators and fuses,
– replica or imitation explosive devices,
– mines, grenades and other explosive military stores,
– fireworks and other pyrotechnics,
– smoke-generating canisters and smoke-generating cartridges,
– dynamite, gunpowder and plastic explosives.
7.4 PROHIBITED ARTICLES IN THE HOLD BAGGAGE
Passengers are not permitted to carry the following articles in their hold baggage:
Explosives and incendiary substances and devices – explosives and incendiary substances and devices capable of being used to cause serious injury or to pose a threat to the safety of aircraft, including:
– blasting caps,
– detonators and fuses,
– mines, grenades and other explosive military stores,
– fireworks and other pyrotechnics,
– smoke-generating canisters and smoke-generating cartridges,
– dynamite, gunpowder and plastic explosives.
The Client undertakes to charter the Aircraft under the Agreement for the own use by the Client. The Client will use the entire capacity of the Aircraft for the transportation of passengers of the Client, who is not entitled to subcontract by reselling or sub-chartering neither any part nor the entire capacity of the Aircraft.
In case a passenger conducts in a way to endanger the aircraft or any person or property on board, or obstructs the crew in the performance of their duties or fails to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption or behaves in a manner which causes discomfort, inconvenience, damage, or injury to other passengers and the crew, FLYINGGROUP’s captain may take such measures as it deems necessary to prevent continuation of such conduct, including restraint.
If the Aircraft becomes unserviceable or unavailable for whatever reason, including technical failure with the Aircraft or operational restriction FLYINGGROUP shall have the right to cancel the flight(s) contemplated under the flight schedule as requested under the Agreement. FLYINGGROUP will have no other or further obligation or liability then to use its best efforts to source internally or externally a substitute aircraft for the Client in order to undertake or to continue to undertake the requested flight schedule.
In the event that such substitute aircraft cannot be offered under the terms and conditions of the Agreement, FLYINGGROUP shall be entitled to offer a separate ad hoc agreement for the substitute aircraft, and the Client agrees to reasonably accept those conditions provided those conditions are within the scope of the then current market conditions.
11.1. The Client shall indemnify and hold free and harmless FLYINGGROUP, its officers, employees and agents against any costs, claims, damages or liability of any sort that may fall upon FLYINGGROUP by reason of any failure by the Client, its servants or agents, or any passenger carried with the authority of the Charterer to comply with the Agreement or with any regulation or condition in force at the time of commencement of the flight.
In particular, the Client shall indemnify and hold free and harmless FLYINGGROUP for any and all damage that FLYINGGROUP may suffer directly or indirectly (i) in the event of the air operator certificate and operating licence of FLYINGGROUP being withdrawn on the grounds of failure by the Client to comply with the Agreement, (ii) resulting from the Client or its passengers, goods and/or cargo carried on the flights considered under the Agreement (iii) if any passenger not being in possession of any identity document, visa, health certificate or other document required by any stopping place on the Flight Schedule.
In the event of any breach by the Client of these GTCC or any, FLYINGGROUP shall have the right to cancel the Agreement, and, in the event that a service has commenced, to terminate such flight all without liability of any kind to FLYINGGROUP and, to retain all amounts as have been paid by the Client and, to demand all other amounts due under the terms of the Agreement regardless of its cancellation. Neither the payment of the charter price nor the termination of the Agreement for any of the aforesaid reasons shall affect the right of FLYINGGROUP to collect damages from the Client.
11.2. The liability of FLYINGGROUP as air carrier visàvis its passengers and their luggage is limited congruent to the limits as laid down in Regulation (EC) N∞ 2027/1997 as amended by Regulation (EC) N∞ 889/2002 implementing the Convention of Montreal of May 28, 1999.
As far as the above limitations of liability shouldn’t be applicable for whatever reason, the liability of FLYINGGROUP as air carrier visàvis its passengers will be governed by the Convention of Warsaw of October 12, 1929, or that Convention as amended at The Hague on September 28, 1955, whichever is applicable, even when the carriage is not an international carriage as defined by that Convention. In case of substitution by another carrier, the Convention of Guadalajara of September 18, 1961 is applicable. Lessee undertakes that throughout the term of this Agreement, insurance coverage will be maintained according to the liability requirements of the Regulations and Conventions as mentioned herein.
11.3. The liability of FLYINGGROUP as air carrier visàvis third parties on the ground is limited in accordance with the uniform regulations as laid down in the Convention of Rome of October 7, 1952, as far as applicable. In absence whereof, congruent to the principles of international private law, the lex rei sitae of the country or state overflown and where the damage caused by the Aircraft has occurred, will apply.
11.4. It is expressly understood and agreed between parties that FLYINGGROUP will have no other liability than the liability as referred to in former paragraphs herewith. The Client accepts and agrees that no special declaration of interest in delivery of baggage at destination can be made as provided in the applicable Regulations. FLYINGGROUP shall never be liable to the Client in any manner whatsoever (whether in tort or contract) for any indirect or consequential loss or damage whatsoever.
11.5. The Client shall indemnify and hold free and harmless FLYINGGROUP, its officers, employees and agents against any costs, claims, damages or liability of any sort in case FLYINGGROUP assigns the performance of the air transportation services to a third-party operator.
FLYINGGROUP shall, throughout the term of the Agreement, maintain the insurance coverage according to the liability requirements as laid down in the applicable Regulations.
This information notice summarizes the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
A Passenger can benefit from a higher liability limit by making a General Declaration at the latest at booking subject to a supplementary fee.
This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention, and it does not form part of the contract between the carrier(s) and the Client. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.
EU passenger and baggage delay compensation provisions do not apply.
14.3. FLYINGGROUP acknowledges that, as a result of FLYINGGROUP delivering flight services to the Client, FLYINGGROUP and its employees may learn confidential and proprietary information relating to the Client and/or Passengers (“Confidential Information”). FLYINGGROUP undertakes not to, and shall procure that its employees shall not, disclose such Confidential Information to any third party save:
Provided however, that, Confidential Information shall not include Personal Data of the Client and of Passengers. Personal Data of the Client and of Passengers shall be held and processed by FLYINGGROUP in accordance with part 1 and 2 above
15.1. This Agreement, that is considered to constitute the entire understanding between the Operator and the Client, is construed according to and governed by the applicable regulations in Belgium and within the European Union.
15.2. The Parties shall endeavour to settle by negotiation any dispute arising out of or in connection with the Agreement, and all the consequences thereof. Such dispute shall be notified in writing by the claiming Party to the other Party, and the Parties shall endeavour to settle such dispute by negotiation within thirty (30) days from receipt of said notice.
15.3. If any or more of the provisions contained in this Agreement should be illegal, unenforceable, or for any Reason cannot be held valid, this will not affect any other provision of this Agreement.
The Client hereby represents, warrants, undertakes and acknowledges that:
the Client and all Passengers are not a Designated Party (a “Designated Party” means any person or entity that is designated in published lists issued by the U.S. government or the United Nations or the European Union as a Specially Designated National or a Designated Person, a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker or any other similar designation that would prohibit FLYINGGROUP from engaging in a transaction with that individual or entity under applicable law), or the subject or target of any economic or trade sanction law or regulation or travel ban;
no employee or director or owner or shareholder or parent company or affiliate or subsidiary of the Client, and no Passenger is a Designated Party, or the subject or target of any economic or trade sanction law or regulation or travel ban;
Client hereby consents and gives permission to FLYINGGROUP to carry out due diligence or other screening activities (including background checks) on Client and Passengers. Moreover and without prejudice to the foregoing, Client shall promptly provide to FLYINGGROUP any and all information and documentation reasonably requested by FLYINGGROUP at any time in order for FLYINGGROUP to be able to perform its due diligence, screening, and assessment processes and procedures to ensure that no Passenger intended to be carried and no flight intended to be operated under the provisions of these GTCC violates any provision of these GTCC or any law or regulation or economic or trade sanction law or travel ban; and, if so required by FLYINGGROUP at any time the Client shall certify to FLYINGGROUP in writing compliance with this contractual provision, and shall promptly provide such supporting evidence of compliance as FLYINGGROUP may reasonably request.
17.1. FLYINGGROUP commits to operate the Aircraft in compliance with the EASA COVID-19 Aviation Health Safety Protocol (Operational guidelines for the management of air passengers and aviation personnel in relation to the COVID-19 pandemic), as amended and/or updated from time to time, and all applicable local, national and international requirements, measures and procedures imposed to FLYINGGROUP on time of the performance of the flight(s) in order to prevent the further spread of COVID-19.
17.2. The Client and Passengers commit to wear a medical face mask (also known as surgical or procedure mask) during the flight and when embarking and disembarking the flight as recommended by the EASA COVID-19 Aviation Health Safety Protocol. The medical face mask complies with the requirements defined in European Standard EN 14683:2019+AC:2019. A face mask helps reduce the spread of the infection in the community by minimising the discharge of respiratory droplets from infected individuals who may not know they are infected and before they develop any symptoms. The Client and Passenger should however consider the use of these face masks as a complementary measure and they do not replace the preventive international measures put in place, for example physical distancing where possible, respiratory etiquette, meticulous hand hygiene, and avoiding touching the face, nose, eyes and mouth.
17.3. The Client and Passengers ensure that they comply with the local, regional, national and international requirements, measures and procedures that might be enforced to them regarding the COVID-19 health safety. The Client and Passengers in general commit to comply with the COVID-19 public health requirements, measures and procedures which are applicable in the countries under which FLYINGGROUP is operating the Aircraft and the countries where the Aircraft departs, overflies and lands. Such compliance is the sole responsibility of the Client and the Passengers. The Client and Passengers will be liable and shall indemnify and hold free and harmless FLYINGGROUP for any and all damage that FLYINGGROUP or its crew members, other Passengers, or any third party may suffer directly or indirectly as a consequence of non-compliance with the imposed COVID-19 health safety requirements, measures, and procedures. In case FLYINGGROUP has provided the Client with information regarding COVID-19 voluntarily, FLYINGGROUP is neither liable based on this information, nor should this information be exhaustive.
FLYINGGROUP reserves the right to amend these GTCC at any time with effect for the future without obligation to notify the Client. These GTCC 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 FLYINGGROUP services after amendment of the GTCC, the Client declares his consent to the amendments.
These GTCC (and any documents, terms or agreements referred to therein) contain the entire provisions of the contract between the Client and FLYINGGROUP and supersede all previous agreements, regardless of whether such agreements were made verbally by electronic means or in writing.
In case of conflict between the GTCC and any special agreement between the Client and the Operator, the terms and conditions of this charter agreement shall prevail.
Updated Version: October 2020