Charter General Terms & Conditions

This offer is subject to changing availability, owner’s approval, slots, permits and traffic rights.
By signing this offer you are entering into a contract of carriage with Elitavia and you agree to the Charter Sales General Terms and Conditions which apply to this contract and are set here below.

DEFINITIONS

In these terms and conditions the following expressions shall have the following meanings:

The Agreement: Any contract between the Carrier and the Charterer for the charter of the Aircraft from the Carrier.
The Aircraft: Any aircraft which the Charterer has agreed to charter from the Carrier.
The Captain: The Captain of the Aircraft.
The Carrier: Elit’Avia Malta Ltd.
The Charterer: Any person, firm or body corporate chartering, or offering to charter, any aircraft from the Carrier.
Charter: The flight(s) described in the Flight Schedule.
Charter Price: The price for the Charter as set out in the Carrier’s quotation and amended by the Carrier’s written confirmation of the Charterer’s booking.
Elitavia: Elit’Avia Malta Ltd.
Flight Schedule: The Flight Schedule are set out in the Carrier’s confirmation of the Charterer’s booking.

PURPOSE

The purpose of these Charter Sales General Terms and Conditions, also referred to as General Terms and Conditions or “GTC”, is to set out the conditions under which Elitavia provides its charter services which shall prevail against any conflict with information given in any other communication unless explicitly mentioning, in written and by a Director of Elitavia, that other terms have been agreed for a specific mission which shall prevail against these General Terms and Conditions.

BOOKING

By signing the quotation attached to these General Terms and Conditions, the signatory is entering into a legal contract with Elitavia and is bound to continue with the booking subject to any terms already communicated when sending the quotation (e.g. owner’s approval, slots, permits, etc…), unless explicitly released from the contract in written form.

The booking involves the Aircraft’s availability for the itinerary shown in the quotation only, without any obligation from Elitavia to make the Aircraft available for the Charterer before, after, or in between the booked sectors.

AIRCRAFT SPECIFIC

Elitavia shall provide, for the Charterer’s sole use, the specific Aircraft reflected on the quote including a standard crew compliment for the Aircraft type, capable of performing the quoted schedule. Elitavia reserves the right at any time to substitute the Aircraft with a similar aircraft for the same cost, should the quoted Aircraft become unavailable for any reason whatsoever. If no alternative can be found, Elitavia reserves the right to partially or fully cancel the charter flights and neither party shall have any claim or liability against the other party other than a refund of the full amount paid by the Charterer for the cancelled flight(s).

CHARTER PRICE

The Charter Price given in the currency reflecting on the contract is exclusive of any VAT or applicable taxes unless explicitly specified otherwise.

The Charter Price includes (i) all direct operating costs including insurance, fuel, navigation fees and any standard scheduled or unscheduled maintenance not arising from the direct negligence of the Charterer or any of the passengers on this Charter, (ii) crew costs for a standard crew required for the operation of the Aircraft including daily allowances, meals, accommodation, and transportation, (iii) passenger taxes, (iv) in-flight catering suitable for the time of the day and duration of the flight, (v) general aviation terminals and FBOs selected by Elitavia.

The Charter Price excludes (i) special catering requests that are not included such as caviar, special wines and spirits, (ii) Wifi and satellite phone (iii) de-icing of the Aircraft when required, including for positioning and repositioning flights related to this Charter, whether required to position the Aircraft from/to home base before and after the Charter or required for parking purposes during the Charter, (iv) passenger landside ground transportation, (v) additional passengers over the number quoted, (vi) cleaning and item replacement for damages or stains caused by the passengers or pets, (vii) airport extension charges for out of hour operation, (viii) surcharges of any kind including, but not limited to, insurance, navigation, FBOs, fuel, (ix) currency exchange fees and wire transfer fees or any other banking fees.

PAYMENT TERMS

A full prepayment of the total Charter Price is required before departure of the Aircraft, including any positioning flight that is required before a live leg, with the following payment schedule:

20% of the total amount within 1 business day after signing the contract
30% of the total amount 7 days before the first live leg
The full balance 48 hours before the first live leg

Should the payment terms not be respected, Elitavia reserves the right to cancel the flight without waving the cancellation penalties stipulated in this Agreement.

All payments must be made by bank transfer to the account shown on the relevant invoice.

For payments done with a credit card, a 4% fee applies on the total amount. For credit card holds, the 4% fee will be released along with the main amount when a wire transfer payment is confirmed on account.

All additional services that are not included in the price as per section 5 will be billed post flight.

If the flight is brokered, the broker and the end user will be jointly liable to fulfil all payment obligations under this contract.

All prices are net to Elitavia and do not include any broker commission.

CANCELLATION FEES AND PAYMENT PROTECTION

If after signing the contract the flight is fully or partially cancelled by the Charterer, or the Charterer makes changes to the schedule and itinerary that cannot be accommodated, or Elitavia is unable to perform the flight due to any act caused by the Charterer or any of the passengers, including not declaring sanctioned passengers or entities, and not having the necessary travel documents or entry rights for the booked itinerary, the following cancellation fees will apply:

20% of the Charter Price with immediate effect and up to 96 hours prior to departure time
30% of the Charter Price if the flight is cancelled 95 to 72 hours prior to departure time
50% of the Charter Price is the flight is cancelled 71 to 48 hours prior to departure time
75% of the Charter Price if the flight is cancelled 47 to 24 hours prior to departure time
100% of the Charter Price is the flight is cancelled less than 24 hours prior to departure time or in case of a no-show

Any delays caused by the Charterer or any passenger on the flight, including delays due to non-compliance with the Captain and crew instructions, and that exceed 3 hours and have not been pre-approved by Elitavia will be treated as a cancellation.

FORCE MAJEURE

Elitavia reserves the right to suspend, redirect, or cancel a flight if a flight cannot be performed for reasons beyond its control and defined as a force majeure. These include, but are not limited to, acts of God, wars or similar security events, terrorism, coup d’état, sabotage, hijacking, riots, explosions, fires, floods, earthquakes or any other national disasters, weather conditions, epidemics and pandemics, quarantine, border closures, confiscation, seizure, changes in applicable laws and regulations, government and third-party acts, strikes and labour disputes, accidents, technical reasons, failure of sub-contractors to supply necessary supplies, services, equipment or materials, any other force majeure event of any nature. In the event that any of the above happens, Elitavia will refund the Charterer the amount paid at the time of cancellation, minus any cost that has been incurred in preparation for the flight.

LIABILITY OF CARRIER

The following provisions set out the entire financial liability of the Carrier (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Charterer in respect of: any breach of these terms and conditions; any representation, statement, or tortuous act or omission including negligence arising under or in connection with the Agreement; all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement. The Carrier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the Charter Price; including any event of death or personal injury.

LIABILITY OF CHARTERER

The Charterer shall indemnify the Carrier against all claims, liabilities, costs and expenses (including legal fees and costs) in respect of any liability of the Carrier to third persons (including but not limited to passenger, consignors, or consignees) for any loss or damage whatsoever (including costs and expenses on a full indemnity basis) arising out of any act or omission of the Charterer, its servant or agents or any passenger carried with the authority of the Charterer.

ENTRY DOCUMENTS

The Charterer and passengers are fully responsible for ensuring that they have the necessary, acceptable, and valid travel documents for all passengers, pets, and any cargo or imported/exported items. Elitavia takes no responsibility whatsoever for any delays, cancellations, losses, or legal actions arising from the lack of appropriate documents. Should any costs arise from the lack of required entry documents, the Charterer shall fully compensate Elitavia for such costs.

The Charterer must provide Elitavia will a complete list of passengers and copies of their passports for all flights, whether international or domestic.

PERSONAL INFORMATION

The Charterer recognises that personal data has been given to the Carrier and that the Carrier may use the personal information provided for the purposes of: booking the Charter, issuing passenger tickets, providing the Charterer with any relevant services and facilities; accounting, billing and auditing; checking credit or other payment cards; security, immigration and entry procedures; administrative and legal purposes; statistical analysis; ensuring compliance with legal regulatory obligations applicable to the Carrier; systems testing, maintenance and development; customer relations; assisting in any future dealings with the Charterer; direct mail and market research. For these purposes the Charterer authorises the Carrier to retain and use personal information and to transmit it to companies involved in providing transportation or related services and facilities, data processors working for the Carrier, the Carrier’s agents, government enforcement agencies, credit and payment card companies. This may involve sending personal information outside the European Economic Area.

SANCTIONS

Elitavia complies with all applicable US, EU, UK, Canadian, and Swiss sanctions. The Charterer and all passengers warrant that they are not subject to any sanctions imposed by any of these countries, directly or indirectly. The Charterer shall indemnify Elitavia against any loss, damage, liability, or costs of any nature arising out of any act of omission of the Charterer in relation to applicable sanctions.

DANGEROUS GOODS

Any dangerous goods must be declared in accordance with the IATA Dangerous Goods Regulations.

The following items are prohibited on board all Elitavia’s aircraft: explosives, flammable liquids and gas, high-power lithium battery with more than 160Wh, oxidizing materials, toxic and infectious substances, corrosive materials, drugs, poisons, magnetized materials, radioactive materials, and any other materials listed in the IATA Dangerous Goods Regulations.

Lithium batteries that are part of portable electronic devices such as personal laptop computers, mobile phones, tablets, e-readers, and e-cigarettes may only be carried in carry-on baggage or on person. These items must not be placed in checked baggage that would go in the baggage hold.

ASSIGNMENT

The Charterer shall not be entitled to assign or transfer the benefit of the Agreement to any other person without the prior consent in writing of the Carrier. Any purported assignment or transfer without such consent shall be null and void and of no force or effect.

MISCELLANEOUS

The Carrier shall have no liability for any damage, loss, liability, cost or expense suffered, incurred or paid by the Charterer or any other person in connection with a flood, storm or other natural event; any war, hostilities, revolution, riot or civil disorder; any destruction, breakdown (permanent or temporary) or malfunction of, or damage to, the Aircraft; the introduction of, or any amendment to, a law or regulation, or any change in its interpretation or application by any authority; any strike, lockout or other industrial action (in each case, other than by the party seeking to rely on this clause, any affiliate of such party and any of their respective personnel); any unavailability of, or difficulty in obtaining any parts for the Aircraft (other than any part to be supplied by the party seeking to rely on this clause); any breach of contract or default by, or insolvency of, a third party (including an agent or sub-contractor), or any other event beyond the control of the Carrier, whether similar or not to any of the foregoing.

APPLICABLE LAW AND JURISDICTION

The Agreement and these terms and conditions shall be governed by and constructed in accordance with Maltese Law without giving effect to its conflict-of-laws provisions . The courts of Valletta, Malta shall have exclusive jurisdiction to deal with any dispute arising hereunder. Each of the parties agree that the courts of Malta are the most appropriate and convenient courts to settle disputes and accordingly no part will argue to the contrary. This applicable law clause is for the benefit of the Carrier only. As a result, the Carrier shall not be prevented from taking proceedings relating to a dispute in any other courts with jurisdiction. To the extent allowed by law, the Carrier may take concurrent proceedings in any number of jurisdictions.