Standard Terms & Conditions for Charter
1.1 The subject of this Agreement is providing by A.B.I., at the request of the Charterer, air transport of passengers of the Charterer and their luggage on the routes and with the aircraft specified in Appendix no.1
1.2 The Charterer accepts the rendered services of air transport pursuant to the terms and conditions of this Agreement and undertakes to settle the payments on the dates and on conditions set forth in this Agreement.
2.1 For each flight specified in Appendix No. 1 the Charterer will pay the amount specified in the Appendix.
2.2 The agreed amount is final and cannot be changed during the period covered by the Agreement.
2.3 The price includes:
2.3.1 maintenance and operation of the aircraft, including fuel;
2.3.2 remuneration and night stops of the crew;
2.3.3 take-off and landing fees, overflight charges, hangar and parking fees, ground handling charges for the aircraft;
2.3.4 handling charges for passengers and their luggage;
2.3.5 on-board meals and in-flight service described in Appendix No. 1.
2.3.6 insurance against flight risks required by law or commonly used in civil aviation, in particular the insurance on civil liability of A.B.I. as a carrier, with reference to the passengers and their luggage;
2.3.7 airport charges and passenger taxes payable by the air carrier, pursuant to the regulations of the authorities of a given country.
2.4 The charter price does not include any costs other than those described in Article 2.3, in particular:
2.4.1 transfers of passengers and their luggage to/from the airport;
2.4.2 ground transportation (limousine, taxi etc.)
2.4.3 costs of passenger visas, custom control, custom duties and other fees and taxes payable by the passenger, pursuant to the regulations of the authorities of a given country;
2.4.4 de-icing costs
2.4.5 any other costs and fees arising from the change of the dates and/or conditions of the Charter Agreement by the Charterer
2.4.6 any change of destination
2.4.7 phone calls from the aircraft
2.4.8 additional insurance premiums to overfly or land in certain zones
2.4.9 any extra cost for specific catering
2.5 In the event of A.B.I. bearing any costs and/or fees mentioned in 2.4., they shall be refunded by the Charterer in the form chosen by A.B.I.: either in the currency of the invoice or converted to Euro, according to the average exchange rate published by the National Bank of Greece on the date of issue of the invoice by A.B.I.
3.1 The charter price is given in euro (EUR).
3.2 The payment of the charter price and other due amounts shall be made in EUR. The payment of the price or advance deposit should be made by means of a bank
transfer to the bank account specified in Appendix No. 1, prior to the scheduled date of the flight, according to the terms of payment set forth in Appendix No. 1.
3.3 Settling the payment described in the Article 3.1 by the Charterer shall be the condition for admitting the passengers of the Charterer to check-in for departure. After settling the payment, the Charterer shall immediately send a copy of the transfer confirmation by fax (to the fax number: +30 210 9967872) or e-mail (to email@example.com).
3.4 In case of failure to settle the payment according to the terms of payment set forth in Appendix No. 1, it is understood that the flight is cancelled by the Charterer and A.B.I. shall be authorized to demand payment of contractual penalties according to the conditions set forth in Article 6.
3.5 The Charterer shall be obliged to make an advance payment or pay a guarantee deposit, if required, in the amount and at the payment dates set forth in Appendix No. 1
3.6 In case of overdue payment, the Charterer will be charged with mandatory interest charges, calculated for each day of the delay, at the rate currently in force.
3.7 The settlement of the advance payment made by the Charterer shall be made with final payment specified in Appendix No. 1.
3.8 The moment when the entire due amount is booked on A.B.I.’s account is considered the date of settlement of the payment.
3.9 In case of changing of the routing of the flight or the schedule by the Charterer causing additional costs on A.B.I. side, the parties will make a final settlement after the flight. A.B.I. will issue to the Charterer an invoice for the additional costs borne, payable within 7 days of issue.
4.1. The Charterer is aware that the provisions of the Warsaw Convention of 12 October 1929, as amended by the Hague Protocol of 28 September 1955 and the Guadalajara Convention of 18 September 1961 and other international regulations if applicable, amending or modifying Warsaw Convention or provisions of the Montreal Convention of 28 May 1999, shall apply to the present Agreeement. Adequate regulations of European Union or Civil Aviation Authorities and shall also apply.
4.2. A.B.I. hereby agrees that the Charterer may resell, directly or indirectly, any part of the contracted capacity without A.B.I. prior and written consent.
4.3. The Charterer agrees that the capacity not used by the Charterer may be used by A.B.I. for the transportation of its own employees and/or freight.
4.4. The Charterer undertakes to abide by the current laws and regulations issued by the authorities of the destination country/countries.
4.5. The captain of the aircraft shall be entitled – at any time – to undertake any decisions aiming to secure the safety of the flight. In respect of the abovementioned, the captain of the plane shall have unlimited right to undertake decisions regarding change in payload, including the number of passengers and their luggage.
4.6. The captain of the aircraft shall also be entitled to undertake any decisions regarding the operation of the flight, any change of scheduled routes, whether and in what way the flight shall be continued and whether and where to land the aircraft.
4.7. The agreed flight schedule may be changed due to meteorological reasons or due to other reasons beyond A.B.I.’s control.
5.1 A.B.I. reserves the right to assign all or a part of its obligations arising from this Agreement upon third parties, however in such event A.B.I. remains liable for proper and full performance of the obligations arising from this Agreement by the third parties.
5.2 A.B.I. shall not be liable for any damage, losses and/or delays caused by the airport employees or the equipment used at the airport, unless A.B.I. exercises control over these employees and/or equipment.
5.3 In each case, A.B.I. shall be liable only within the limits of liability provided for by the provisions of conventions and other acts referred to in Article 4.1.
6.1 The Charterer reserves the right to cancel the flight or a series of flights specified in Appendix No. 1.
6.2 The amount of the contractual penalties for flight cancellation unless otherwise is agreed in writing is as follows:
6.2.1 If cancellation will be from the date of the signature of this Agreement, up to 30 days prior to the date of the departure, then cancellation fees are 25% of the total price.
6.2.2 If cancellation will be between 29 days, up to 15 days prior to the date of the departure, then cancellation fees are 50% of the total price.
6.2.3 If cancellation will be between 14 days, up to 7 days prior to the date of the departure, then cancellation fees are 75% of the total price.
6.2.4 If cancellation will be between 6 days, up to 0 hours prior to the date of the departure, then cancellation fees are 90% of the total price.
6.3 The cancellation of the flight/flights shall be made in writing and sent to A.B.I. by fax (to the fax number +30 210 9967872) or e-mail (to firstname.lastname@example.org).
6.4 The payment of the penalty fee by the Charterer for the cancelled flights shall be made against the invoice issued by A.B.I. within 7 days from the date of cancellation.
7.1 A.B.I. reserves the right to delay or cancel the flight in the event of Force Majeure (unpredictable events caused by extraordinary circumstances beyond A.B.I.’s control, which could not have been avoided even if all reasonable measures
have been taken, e.g. natural disasters, war, general strikes, acts of governments and regulatory authorities, unexpected flight safety shortcomings, unexpected technical failures that could jeopardize the flight safety), failure to obtain the consent of the appropriate aviation authorities and in other situations beyond A.B.I.’s control. In the abovementioned cases, A.B.I. is released from care and liability to passengers.
7.2 In case of unpredicted adverse weather conditions or a force majeure making it impossible to land at the destination airport, the flight will be rerouted to the closest alternate airport without changing the charter price. A.B.I. shall not be held liable for any costs related to the transfer of passengers by land transport to the destination airport.
7.3 A.B.I. shall not be liable for the Charterer’s passengers failure to fulfill the requirements related to passport, visa, customs, sanitary, preventive vaccination or for the lack of other documents related to air transport of passengers and their luggage, as may be required by respective authorities.
7.4 A.B.I. shall be released from the obligation to ensure further journey for the passengers or to bear any other costs arising from failing to admit a passenger on a flight or from disembarking him on the route of the flight, as a result of the orders of passport or customs authorities, the orders of health services or other respective authorities or due to the passenger being under the influence of alcohol or narcotics.
7.5 In case of deportation of any of the Charterer’s passengers, the Charterer shall bear all costs connected with the deportation of that passenger.
7.6 In case where a permission or clearance is necessary to obtain from the civil aviation or other aviation or government authority, A.B.I. reserves the right to cancel the flight in case of denial of such authority to grant such permission. In that case, A.B.I. shall refund the charter price but shall not be liable for any other costs which might have been borne by the Charterer, provided that A.B.I. informed the Charterer about the cancellation at least 6 hours in advance.
In case of a delay caused by the Charterer or a Charterer’s passenger and his luggage, A.B.I. can accept the delay, but all costs resulting from such action, if any, will be covered by the Charterer.
In case the passenger is not accepted on board after check-in, due to circumstances beyond A.B.I.’s control, the Charterer will take over the liability resulting from the European Commission Regulation No. EC 261/2004.
Any disputes arising from this Agreement regarding its interpretation or performance shall be settled by the applicable district court for A.B.I. in Athens, Greece.
Any amendments to this Agreement shall be made exclusively in writing, with the consent of both parties, under pain of invalidity.
This Agreement has been made in two identical copies, one for each party.
Any Appendixes to this Agreement, named in the Agreement, constitute it’s integral part.
Any declarations, notices and claims of the parties related to this Agreement shall be made in writing, under pain of invalidity.
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