1. APPLICATION OF GENERAL TERMS & CONDITIONS
1.1 These General Terms and Conditions apply for all chartering and/or Flights of any aircraft from or via GI Aviation Operated by Adler Aviation LLC, Abu Dhabi, UAE or any of its associated companies or entities, its affiliates or its servants or agents (“Adler”) by any person, company, entity and/or firm (the “Client”), and shall prevail over any oral or other arrangements in relation to such charter and/or Flights, unless specifically agreed to in writing between Adler and the Client. These General Terms and
Conditions and the General Conditions of Carriage together shall form an integral part of any Agreement (as defined below) and shall take precedence over any and/or all other terms and conditions, save for any Applicable Laws.
1.2 Adler is authorized to amend, change and/or alter these General Terms and Conditions and/or the General Conditions of Carriage at any time without providing advance notice. Any amendments or additions to these General Terms and Conditions or the General Conditions of Carriage shall become fully binding for all Clients as soon as they are sent or notified to the Client and/or made publicly available on Adler’s website – www.gi-aviation.com.
1.3 For questions of interpretation, if any version is available in another language, the
English version alone shall be binding.
In addition to the definitions set out above, capitalized terms used in these General Terms
and Conditions shall have the following meaning:
“Adler” or “GI Aviation” means GI Aviation operated by Adler Aviation LLC, its associated companies or entities, its affiliates, servants or agents.
“Agreement” means the Charter Quotation, the Confirmation, these General Terms and Conditions and Adler’s General Conditions of Carriage.
“Aircraft” means any aircraft which the Client has agreed to charter from Adler as set out in a Charter Quotation.
“Applicable Law(s)” means the laws of the United Arab Emirates including but not limited to The Civil Aviation Law (Federal Act No. 20) 1991 and Commercial Transactions Law (Federal Law No. 18) 1993 as amended, any applicable domestic and/or international laws, rules, regulations, by-laws, directives and/or where applicable, any international aviation convention (i.e. Montreal Convention 1999, Warsaw
Convention 1929, Hague Protocol 1955 or any other convention or law (or parts thereof) that may apply.
“Booking Date” shall mean the date the Client confirmed the booking in writing or by email and confirmed by Adler of the Charter Quotation. “Booking Fee” shall have the meaning as ascribed to it in Clause 3.8.
“AOC” means an Air Operator’s Certificate to operate commercial charter Flights under the procedures and regulations of a civil aviation authority with jurisdiction over the Aircraft and the operator.
“Captain” means the commander or pilot of the Aircraft designated to operate the Flights.
“Confirmation” shall have the meaning as ascribed to it in Clause 3.9. “Charter Price” means the amount to be paid in advance by the Client for the services and/or the Flight(s) supplied by Adler, as set out in the Charter Quotation.
“Charter Quotation” means the document issued by Adler confirming a Flight and the relevant Flight details thereof to the Client.
“Flight” means the flight or, as the case may be, each of the flights set out in the Charter Quotation.
“Flight Plan” means the place of departure, place of arrival and any stopping points, together with any indications of departure and arrival dates and times, as set out in the
“Force Majeure” means natural or man-made events such as war or imminent threat of war, civil strife, riots, strikes, lock-outs, blockades, embargo, sanction, natural or nuclear disaster, fire, epidemics, extreme or unexpected weather conditions, airport disruption, hijacking, unlawful interference and/or other terrorist activity (threatened or actual), governmental action or interference, acts of God, unforeseen breakdown, damage, interruption or accident to the Aircraft, where the Aircraft has suffered a technical or unforeseen fault or defect i.e. “Aircraft on Ground” , pilot shortages, spare parts and equipment delays or disruptions and all similar events outside Adler’s reasonable control which prevent or seriously impede Adler and/ or from carrying out any of its obligations under the Agreement.
“ICAO” means the International Civil Aviation Organization. “Meeting Point” means (i) for the departure, the location where the Flight crew or Operator representative will meet the passengers as communicated to the Client by Adler upon request; and (ii) for the arrival, the location where the Client will be guided to, and where Adler’s services will end.
“Meeting Time” means the time which may be communicated to the Client by Adler or, if no communication is made by Adler, at the latest 45 minutes prior to scheduled time of departure of the Flight.
“Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air signed in Montreal on 28 May 1999. “Operator” means the operator of the Aircraft, duly registered and operating a Flight with an official AOC and insurance.
“Travel Documents” means all documents to be signed, filled out, completed or held by all of the Client and/ or any of the Aircraft’s passengers, including without limitation, identification documents, lists of goods, passport, visas, immunisations, immigration cards etc., as may be required under Applicable Law.
“Warsaw Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air signed in Warsaw on 12 October 1929, or that convention as amended at The Hague on 28 September 1955, whichever may be applicable.
3. CHARTER PRICE & OTHER PAYMENT TERMS
3.1 The Client shall pay on demand to Adler the Charter Price in the amount, in the currency and/or otherwise at the time specified in the Charter Quotation. The Client shall not be entitled to withhold or set off any amount due under the Agreement for whatever reason.
3.2 The Client shall pay in advance and prior to the departure of the Aircraft, the Charter Price either by way of credit card or by direct bank transfer to Adler’s bank account specified in the Agreement as per the timeframe detailed in the Agreement. If the Client pays the Charter Price by bank transfer less than 14 days before the proposed date of the Flight, then the Client shall additionally provide to Adler credit card details (for a personal account of the Client as may be required by Adler), using which Adler may complete pre-authorization of the relevant Charter Price plus a 4% transaction fee payable pursuant to the Agreement.
If: (a) the relevant payment by bank transfer is not received by Adler within 3 working days (being any day other than a Friday, Saturday or public holiday when banks are generally open for normal business) after the Booking Date, or (b) the Client requests that Adler takes the relevant payment by credit card, then the pre-authorized payment of the Charter Price plus the 4% transaction fee will be taken from the Client’s card. If a bank
transfer is received by or on behalf of Adler after Adler has taken the relevant pre-authorized sums from the Client’s credit card, then (at the election of the Client) either:
(i) the bank transfer will be refunded to the Client less any applicable costs and charges,or (ii) the pre-authorized payment will be refunded to the Client’s credit card (less the 4% transaction fee and any fees or charges levied on Adler in connection with refunding such pre-authorized credit card payment).
3.3 The Charter Price includes positioning flights, fuel (based on average international aviation fuel prices), Aircraft direct operating costs and specific services specified in the Charter Quotation. Any additional services not specifically listed in the Charter Quotation or are ancillary such as, without limitation and not limited to, satellite phone and internet charges, reading materials, videos or films, specialised VVIP or VIP food, catering and beverages, any necessary additional war risk insurance premium, de-icing of Aircraft, hangarage costs, long range extended crew, access to airport lounges, special security costs, limousine costs and/or car escort are not included, and will be invoiced by Adler separately. Adler further reserves the right to invoice the Client for any auxiliary services and handling charges not specified in the Charter Quotation at any
3.4 If there is any increase (for whatever reason) after the date of the Agreement in security costs, tariffs, aviation insurance premiums, fuel, airport passenger duty or similar costs relating to the operation of the Aircraft, the schedule and/or any part of the Flight(s), Adler shall be entitled to increase the Charter Price accordingly (as set out in the appropriate invoice) by such increase without prior notice or approval of the Client. The Client shall be obligated to pay for such sums prior to any Flight(s).
3.5 Should Adler and the Client agree on any amendments or additions to the Flight Plan after the date of the Agreement (or such are due to third party factors or reasons), the Client shall immediately pay any increase in price resulting from those amendments or additions, as shall be communicated to the Client by Adler. Changes of the Flight Plan (routing, destination(s), Flight data and Flight times) require the prior confirmation of Adler and can be invoiced according to the additional expenses and costs arising – which must be paid prior to departure and in accordance with the terms of this Agreement.
3.6 Client shall pay to Adler, in addition to the Charter Price, any amount that may be communicated by Adler as being due in respect of all time spent loading or unloading the Aircraft in excess of the appropriate lay time.
3.7 Adler has the right and at its sole discretion to utilize any Flight sector/leg which according to the Agreement or due to any variations or operating conditions has been contracted as an empty sector/ leg and/or not utilised by the Client or the Client’s passengers. Such utilisation shall not entitle the Client to any refund.
3.8 The Flight is confirmed and booked when the Client signs the Charter Quotation. Upon signature, the Client shall concurrently deposit 10% of the total Charter Price into Adler’s bank account specified in the Agreement in clear funds and without any deduction or setoff whatsoever (“Booking Fee”). The Booking Fee is due to be paid in full to Adler within three (3) days of accepting the Charter Quotation and no later than 7 days before the commencement of the Flight(s). In the event that the Booking Fee shall not be paid in accordance with the terms of this Agreement, then Adler shall be at liberty and at its sole discretion, to unilaterally terminate the Charter Quotation and seek full compensation from the Client for loss and damage in sums to be advised by Adler.
3.9 The remaining 90% of the Charter Price is due to be paid at least forty eight (48) hours prior to the commencement of the Flight. Upon receipt of the funds into Adler’s bank account specified in the Agreement, Adler will issue a confirmation to the Client (“Confirmation”). If a Flight is booked and a Charter Quotation is accepted by a Client less than 48 hours before commencement of the Flight, the whole Charter Price is due immediately in order to confirm the Flight. In the event that the full Charter Price is not paid as stipulated, then Adler may terminate the Charter Quotation and Confirmation, and retain the Deposit as liquidated damages as well as claim from the Client any further costs and expenses arising thereto and as otherwise set out in these General Terms and Conditions and General Conditions of Carriage.
3.10 Notwithstanding the above, the Client shall pay the Charter Price within the timeframe stated in the Charter Quotation. Adler shall be entitled to treat non-payment of the Charter Price as constituting the cancellation or termination by the Client of the relevant Charter (without further action by Adler) entitling Adler to payment and damages in accordance with the provisions of Clause 8 below. In the event that Adler agrees to accept late payment, Adler is entitled to charge interest on any amount of the Charter Price overdue at the rate of 2.5% per month or part thereof, compounded monthly. In the event of default by the Client to pay the Charter Price and which Adler deems will require third party intervention to collect, the Client agrees to pay all costs of collection, including out-of-pocket expenses, plus attorney fees, regardless of whether a formal court proceeding is filed.
4. OBLIGATIONS OF GI AVIATION OPERATED BY ADLER AVIATION LLC
4.1 Adler will provide the Aircraft duly registered with an approved AOC and insurance, in an airworthy condition and ready to carry out the Flight(s) set out in the Charter Quotation and the Aircraft shall be operated in accordance with the Applicable Laws and regulations during the Flight(s).
4.2 Should the Aircraft specified in the Charter Quotation become unavailable for any reason whatsoever, Adler reserves the right, but without obligation and at the Client’s sole cost and expense, to substitute another operator or similar aircraft for the Aircraft specified in the Charter Quotation in order to carry out all or part of the Flight(s), whereupon such substitute aircraft shall become the Aircraft for all purposes hereunder. If Adler is unable to provide a substitute aircraft, it shall notify the Client as soon as possible and shall not be under any further liability to the Client, save that the Client shall be refunded any amounts paid in respect of the relevant cancelled Flight(s) after deduction of the actual expenses already incurred and the Client shall have no claim or cause of action whatsoever or howsoever against Adler.
4.3 To the extent that a substitution contemplated under Clause 4.2 above involves any additional costs, Adler agrees to use its reasonable efforts to notify such additional costs in writing to the Client as soon as possible, who shall be entitled to either accept the additional costs and expenses or decline the offer of an alternative carriage and cancel the Flight, without any penalty or liability to Adler, within 4 hours from receipt of Adler’s notice. Should the Client fail to respond within such deadline, the additional costs and expenses shall be deemed accepted by the Client and earned by Adler and shall thereupon become due. In any event, any costs and expenses incurred by Adler under this clause shall be compensated by the Client on demand.
4.4 Performance of any Flight set out in a Charter Quotation is subject to any legal, safety and/or operating restrictions and conditional upon receiving in advance of the Flight (at least 72 hours before departure) all necessary authorizations, approvals, including permission to depart and land, and is further subject to the absence of occurrence of any Force Majeure event or circumstance outside of Adler’s control that may affect the performance of the relevant Flight.
4.5 In accordance with the terms of this Agreement, Adler agrees to use its reasonable commercial efforts to:a) ensure that the Aircraft and any operating personnel are ready to fly no later than 30 minutes prior to the Flight departure time. b) carry the Client’s passengers and their baggage (and cargo) in accordance with departure, landing and flight times shown in the Charter Quotation. c) keep to the departure and arrival times specified in the Charter Quotation, noting that all Flight times are for reference only without consideration of winds, airport take off, congestion, operational disruptions, weather and/or landing slots as well as aircraft taxi time.
4.6 For the avoidance of doubt, Adler shall not be liable or responsible for any costs and expenses arising through passengers interrupting or rejecting carriage or the Flight(s) due to the intervention of immigration authorities, third parties, medical or mental health reasons, recommendations of certified physicians or for similar reasons, nor is Adler responsible for transportation of such passengers for the remainder of the Flight(s) for any other reasons whatsoever.
4.7 Adler is entitled to utilise the services of third parties to perform its obligations under this Agreement, in whole or in part without the prior approval or notification of the Client.
5. GENERAL OBLIGATIONS OF THE CLIENT
5.1 Where a person, firm or company enters into the Agreement as agent of the Client, such entity shall be jointly and severally liable with the Client for the payment of the Charter Price as well as all other obligations and liabilities under this Agreement and the Flight (including Confirmation).
5.2 The Client shall ensure that all passengers, their baggage and any cargo shall comply with the Applicable Laws and any other relevant laws and regulations, as well as any directions or requirements of Adler. It is the responsibility of the Client to ensure that all passengers fully comply with passport, visa, immunisation, health and all customs, police, public health and other laws and regulations which are applicable in the countries of departure, transit and arrival. For the avoidance of doubt, the Client shall fully indemnify and hold harmless Adler against any and/or all loss and damage that Adler suffers or incurs as a result of and/or arising out of the Client or any passenger not complying or following with the Applicable Laws, relevant laws and regulations or not having any documentation by the authorities of any countries of departure, transit and arrival.
5.3 Should any surcharges, fines or other costs arise as a result of a failure to comply with any such Applicable Laws and/ or requirements, such costs and expenses shall be borne entirely by the Client. It is also the responsibility of the Client to ensure that all passengers comply with customs requirements, including without limitation, declaration of certain goods, items, currencies, etc.
5.4 Adler agrees to supply and/or assist to procure the supply of passenger tickets, baggage checks, airway bills and all other necessary documents relating to the carriage undertaken pursuant to the Agreement and the Client shall provide all necessary information and assistance (including Travel Documents) for Adler to issue such documents to passengers within the timeframe as determined by Adler. The Client is fully responsible for the correctness and completeness of that information and documentation and shall remain liable for all costs and damage resulting out of and/or in onnection with such incorrectness and incompleteness of any information and documentation or from documents issued late or improperly.
5.5 It shall be the responsibility of the Client to ensure that properly completed Travel Documents are delivered to all passengers prior to the Flight and in accordance with the Applicable Laws, and that all passengers comply with the provisions of such Travel Documents. For the avoidance of doubt, the Client shall be fully responsible and liable for any acts or omissions or failure in obtaining and procuring the required Travel Documents.
5.6 The Client shall ensure that all passengers comply with these General Terms and Conditions and the General Conditions of Carriage in their entirety and without limitation.
5.7 If any of the passengers are minors (i.e. below the age of 18 years) traveling without one or both parents or legal guardians, Adler will require that the Client has pre-approved and pre-issued consent forms completed and signed by each parent or legal guardian that will not be flying with the minor and in accordance with the Applicable Laws. These documents must be presented to Adler in original form for review at the time of Confirmation of the Flight and to the Flight crew for review before boarding but
Adler shall not be responsible for any failure of compliance thereto.
5.8 The Client shall be fully responsible for ensuring that all passengers, when embarking, travelling and/or leaving on or from the Aircraft, act in a lawful and responsible manner at all times, follow all instructions of the Captain and where appropriate cabin and Flight crew, take excellent care of the Aircraft to a high standard and do not cause any damage whatsoever to the cabin or to any other parts or areas of the Aircraft. The Client shall be liable to Adler for any damage caused by any of the passengers to the Aircraft, including the cost of cleaning, repairing or replacing the damaged parts of the Aircraft and its interiors, as well as ancillary costs of ferry flights or labour and materials.
5.9 For the avoidance of doubt, the Client shall hold harmless and indemnify Adler against any and/or all claims, demands, liabilities, actions, proceedings, judgments, awards, penalties, sanctions and costs and expenses of any kind whatsoever arising from any act, omission or default of the Client and/or any passenger of the Client in complying with any of the provisions of the Agreement and irrespective of jurisdiction and/or any loss or damage arising out of and/or in connection with the Flight(s).
6. ARRIVAL, LOADING & PACKING, RULES
6.1 The Client shall ensure that all passengers and their baggage and any cargo shall be gathered and ready at the specific Meeting Point at the departure airport no later than 30 minutes before the Meeting Time (unless otherwise specified by Adler in writing) and that all passengers possess all necessary identity and other documents required by the authorities of the countries of departure, transit and arrival of the Flight, for the transportation of them, their baggage and any cargo.
6.2 In the event that any passenger fails to arrive on time at the Meeting Point, Adler reserves the right for the Aircraft to depart as scheduled, whether or not all the passengers are on board the Aircraft, and Adler shall not be under any liability whatsoever to the Client nor to any such passenger. Adler shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If Adler, in its absolute discretion, arranges for any such passenger to be carried on a later Flight, the Client shall pay on demand to Adler, as the case may be, such additional sum that it may specify for each such passenger for the purposes of the Flight and/or any other ancillary cost or expense.
6.3 If a Flight is or is to be delayed beyond the scheduled time of departure by reason of any failure, act or omission to comply with Clause 6.1 above or any decision, act or omission on the part of the Client or any passenger or third party, then Adler may, in its sole discretion, agree to re-schedule the affected Flight, provided that the Client shall indemnify Adler against any costs and damages of any kind, including costs, expenses, delay costs, losses (including loss of profit and consequential and indirect loss) incurred by Adler as a result of such delay. However, Adler reserves the right in such
circumstances to cancel the Agreement or the affected Flight and to charge the Client full cancellation fees in accordance with Clause 8.5 below as if the Client had cancelled the Flight. Adler shall at all times reserve the right to make such claims for compensation against the Client as it may deem appropriate in the circumstances.
6.4 If the time for which the Aircraft is available to the Client under the terms of the Agreement is exceeded because passengers, baggage or freight/cargo are not ready to be taken on board in due time, because travel documents or other documents required for transport are missing or because of other actions or omissions on the part of the Client, his employees, passengers or representatives, the Client shall pay Adler daily demurrage fee in accordance with Adler’s policies and based upon the scale of fees of the relevant airport and compensate Adler for the costs of additional ground and air time. Similarly,
the Client shall be responsible and liable for (and pay Adler on demand) for all costs and expenses which relate to Flight re-scheduling or change of routes upon the request or delay of passengers.
6.5 The Client shall ensure that any goods to be transported are sufficiently and properly packed for carriage and shall supply adequate damage and tie-down material taking into account all reasonable demands of Adler as well fully comply and follow all domestic and international laws, the Applicable Laws and by-laws and regulations for such transportation.
6.6 The maximum weight of baggage permitted per passenger is generally specified on the Charter Quotation, failing which the maximum checked-in baggage shall not exceed 20 kilograms per passenger. In case of doubt the Client must discuss the allowed baggage with Adler at the time of booking. The Client shall also enquire with Adler if the baggage contemplated to be carried exceeds 20 kilograms per passenger. For the avoidance of doubt, Adler shall be at liberty to reject any baggage that exceed 20 kilos per piece without any reason whatsoever. For carry-on baggage, the maximum permitted pieces is one (1) of a weight not more than five (5) kilos only.
6.7 The Captain shall have complete discretion concerning what load or baggage may be safely carried, as to whether certain passengers and/ or baggage and/ or cargo may be carried, as to whether or not the Flight shall be undertaken (if at all) and on all other matters concerning the operation of the Aircraft and the carrying out of the Flight, and the Client as well as all passengers of the Aircraft shall accept such decisions of the Captain as final and binding. Adler shall not be liable to the Client for any loss, damage or claim of whatever nature or howsoever arising from any such decision taken by the Captain – whether reasonable or not – under the Applicable Laws or otherwise.
6.8 The Client acknowledges, confirms and recognizes that Adler may not transport certain goods categorized as dangerous or prohibited under the ICAO Dangerous Goods regulations, under the Applicable Laws or under any other applicable regulations (such as, without limitation, compressed gases, weapons, flammable liquids or solids). Transport by air of dangerous goods is regulated, and all such goods must be declared by the Client in writing to Adler, and their transportation must be authorized in writing by
Adler and by the authorities with jurisdiction, prior to the scheduled time of departure.
6.9 The Client recognizes that certain animals, plants, food (e.g. alcohol), goods, items, even though not prohibited for transportation, may be subject to certain restrictions, special terms of transportation and other regulations. It is the Client’s responsibility to comply with any regulations imposing such specific terms and restrictions. Adler reserves the right to refuse carriage of animals, plants, food, goods, items even if they are not prohibited for transportation at its sole discretion. The Client must seek Adler’s approval in writing when placing an order for a Flight where animals, plants or other specific goods and items are proposed to be transported.
6.10 The Flights are non-smoking from the moment of embarking and for the whole duration of the Flight, without regard to the Aircraft being on ground or in the air, unless specified otherwise in the Charter Quotation. The Client shall be responsible to ensure that all passengers comply with the prohibition to use any tobacco or other smoking product on board. This prohibition shall include “e-cigarettes” or similar.
6.11 Adler has the right to enforce baggage checks to ensure safety and security on board the Aircraft and to comply with the Applicable Laws in the countries of departure, transit and arrival. Passengers may be subject to searches of their person, baggage or cargo in accordance with security screening procedures imposed at the time. Any person who does not consent to a search of his person, baggage and/or cargo shall be refused transportation by Adler and Adler shall have no liability for refund as a result of such
refusal or for any compensation whatsoever or howsoever arising.
6.12 Subject to the above clauses, if food catering is requested by the Client, Adler will use its commercially reasonable efforts to provide food and refreshments in conformity with Adler’s standard procedures or if applicable the Client’s stated dietary requirements. The Client must submit any requests for food to Adler in writing not less than 72 hours prior to the scheduled departure time of the Flight. Adler shall not be responsible for or liable to Client or to any passenger for failure to provide such special dietary requirements whether so requested or otherwise.
7. DELAYS, DEVIATIONS & DIVERSIONS
7.1 Adler will ensure that it uses its reasonable efforts to ensure that the Aircraft departs at the scheduled time of departure but shall not be responsible for delays due to air traffic control, adverse weather conditions, congestion, or other factors outside its operational control or safety. Once the Aircraft has departed, it is beyond Adler’s control and all scheduled times of arrival are indicative only.
7.2 In the event of any delay (other than any delay within Adler’s sole control for technical or operational reasons, the responsibility for which shall lie with Adler), deviation or diversion of any Flight, including for reason of Force Majeure, weather or operational conditions, or similar, the Client shall be solely responsible for all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Client and the passengers, baggage and/ or cargo. All such costs, expenses, losses, damages or liabilities if incurred by Adler shall be reimbursed by the Client on demand.
7.3 All decisions concerning Flight Plans (including decisions to omit or alter a stopping place in cases of necessity), when to take off and land the Aircraft and any other decisions concerning the operation of the Aircraft and the carrying out of the Flight shall be taken by the Captain, and the Client shall accept such decisions of the Captain as final and binding and without reservation. The Captain is entitled to take the necessary safety precautions at any time, and to that extent he/she has full authority to make decisions on changes to the offered payload and seating capacity on the passengers and freight and on the loading distribution and unloading of freight and baggage. Similarly, the Captain
shall make all necessary decisions as to whether and in what way the Flight takes place, whether diversions are made from the planned route, and where the Aircraft is landed. All ground and operating personnel of Adler including cabin staff are allowed to follow orders from Adler only.
7.4 Adler shall not be liable for any loss, damage or claim of whatever nature arising from any such decision taken by the Captain. Upon receipt of a corresponding invoice from Adler, the Client shall as the case may be liable to pay any increase in the Charter Price occasioned by any deviations from the Flight Plan which the Captain may deem necessary or due to any third party factor.
7.5 Where Adler arranges for passengers to be transferred to their original destination by alternative means of transport, it shall be deemed to arrange such service as agent for the Client and shall under no circumstance whatsoever be liable in respect of any loss or damage arising out of such transport. The costs of such transfer shall be for the account of the Client and paid upfront. All third party contracts and supply of services shall be in the name of the Client only.
7.6 Adler reserves the right to cancel or postpone any trip or Flight where security or the threat of security or safety has been or may be compromised or threatened.
7.7 Should Adler cancel the Flight prior to take off for technical or operational reasons, due to the Captain’s discretion or as a result of Force Majeure, Adler shall be under no obligation or liability whatsoever or howsoever arising to the Client except to refund the Client the amount prepaid for the Flight after deduction of the expenses already incurred. Where the Flight is discontinued in course for technical or operational reasons or as a result of Force Majeure, the Client shall only pay for the distance covered; the agreed Charter Price reduced in proportion to the ratio between the total number of
flying hours and the number of flying hours actually flown (as well as any other reasonable costs and expenses incurred by Adler) and Adler shall be under no liability whatsoever to the Client or his passengers for costs arising in connection with accommodation, meals or transportation for the remainder of the journey or for the costs of repatriation to the port of arrival or port of departure. In no case whatsoever shall Adler be liable for any costs incurred by the Client after arrival at the destination.
7.8 In the event that any Client or passenger is refused entry at any destination airport and for any reason whatsoever, the Client shall indemnify and hold harmless Adler against any and/or all costs and expenses whatsoever incurred by Adler in respect thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon Adler by any immigration authority) or of any arrangements made by Adler to return Client or the passenger to the country from which the Client or passenger was originally carried.
8. CANCELLATION & TERMINATION
8.1 The Client may terminate the Agreement or cancel any Flight at any time prior to the scheduled time of departure by notice in writing to Adler, subject to the pre-payment to Adler of the full cancellation fees set forth below.
8.2 Adler may apply any monies or funds already received from the Client in part or full satisfaction of the cancellation fees, and shall only repay to the Client the amount, if any, by which the monies or fees already received exceed the cancellation fees. Such action does not require prior approval or notification to the Client.
8.3 Adler may terminate the Agreement and/or cancel any Flight immediately by notice in writing to the Client in the following circumstances: a) the Client commits any breach of the Agreement, including without limitation a failure to pay any amounts owed on the due date or in any event prior to any Flight;
b) the Client suspends payments to its creditors generally or any bankruptcy, liquidation, creditors’ arrangement or similar proceedings are initiated in respect of the Client; or c) the Client cancels more than 2 Flights, in which case Adler shall not be liable to refund any monies already received from the Client.
8.4 Adler may also cancel a Flight if the Aircraft has been waiting for one (1) hour after the scheduled time of departure because of the late arrival of any passengers, in which case Adler shall have the right to charge the Client the cancellation fees specified here in.
8.5 If the Client cancels the Flight or any part of it following acceptance of a Charter Quotation, Adler shall be entitled to receive, as liquidated damages and not as a penalty, the following (in addition to any other costs and expenses set out in this Agreement): a) Less than 7 days but more than 48 hours before Scheduled Departure Time: 10% of Charter Price + Expenses incurred b) Less than 48 hours but more than 24 hours before Scheduled Departure Time: 50% of Charter Price + Expenses incurred c) Less than 24 hours before Scheduled Departure Time: 75% of Charter Price + Expenses incurred Cancellation charges are exclusive of any expenses already incurred by Adler prior to cancellation.
8.6 No cancellation charge will be payable by the Client if a Flight is cancelled prior to departure due to adverse weather conditions or other operational reasons whereby Adler or the Captain considers that it would be unsafe or impracticable to proceed with the Flight. In the event of cancellation of a Flight by Adler due to such aforesaid reasons, reasonable endeavours will be made (at the Client’s sole cost and expense), if the Client so desires, to ensure that the destination is reached by alternative transport at a cost not more than the agreed Charter Price. Adler shall not be held responsible or liable for any actual or consequential losses incurred by the Client or passengers, whether financial or in any other form, brought about by a delay or cancelled Flight due to such aforesaid reasons.
9. EXCLUSION OF LIABILITY
9.1 The liability of Adler (or any substitute or common carrier) in relation to the carriage by air of passengers and their baggage (and cargo) shall be governed by the General Conditions of Carriage of Adler, a copy of which is attached (or those of the substitute or common carrier, a copy of which will be available on request) (or if applicable, otherwise under the Applicable Laws) and of which, through the Client as agent, all passengers on the any charter shall be deemed to have received notice.
9.2 Furthermore, the carriage performed under the Agreement may also be subject to the rules and limitations of the “Swiss Ordinance of Carriage by Air” of 17 August 2005 and/or, to the extent relevant, the EC regulation N° 2027/97 (as amended by EC Regulation N° 889/2002), the other applicable local regulations, European Union laws, directives or similar, the Warsaw Convention and/ or the Montreal Convention, which limits the liability of Adler.
9.3 Except as specifically provided under the Warsaw Convention and/or the Montreal Convention (or under the law of the state of registration of the Aircraft), Adler shall not be liable for any death or personal injury or for any delay of the Client or passengers or for any loss, damage or delay to the Client’s baggage or cargo, unless caused by the wilful misconduct or recklessness of Adler or any of its employees. The Client hereby waives all rights or claims against Adler or any of its employees or
agents, except to the extent that the relevant damage is caused by the wilful misconduct or recklessness of Adler or any of its employees. The Client shall indemnify Adler against any and/or all liabilities, claims, costs and expenses howsoever incurred due to or claimed by any third party save for liability for
death or personal injury arising as a result of the wilful misconduct or recklessness of Adler or any of its direct employees.
9.4 Adler shall be under no liability to the Client or any passenger other than as set out in Clause 4.2 and Clause 4.3 above in respect of any variation to or cancellation of a Flight resulting from any act or omission of Adler, which the Client acknowledges shall be its sole recourse against Adler in such an event.
9.5 Other than as set out in Clause 7.7, Adler shall be under no liability to the Client for any failure to perform any of its obligations or requirements under the Agreement arising from any Force Majeure event.
9.6 Adler shall not be liable to the Client under any circumstances whatsoever or howsoever arising for any indirect or consequential damage.
10. GENERAL PROVISIONS
10.1 The Agreement (which includes this General Terms and Conditions and the General Conditions of Carriage) contain the entire understanding of Adler and the Client with regard to the charter of any Aircraft (including any nominated third party aircraft), and no party has relied on any representation or warranty of any kind other than as expressly set out in the Agreement.
10.2 Any amendment to the Charter Quotation or Confirmation shall only be valid if made in writing and duly confirmed by (i) receipted email or (ii) signed facsimile and signed on behalf of Adler and the Client, however Adler may amend these General Terms and Conditions or the General Conditions of Carriage as set out in Clause 1.2 above.
10.3 No failure to exercise nor any delay in exercising any right or remedy hereunder shall operate as a waiver thereof.
10.4 The Client is not entitled to assign or transfer any of its rights and/or obligations hereunder without the prior written consent of Adler.
10.5 The Client shall not be entitled to assign the benefit of the Agreement to any other person without the consent in writing of Adler.
10.6 All notices and other required communications under the Agreement shall be in writing in the English language, and shall be sent to either by (i) email confirmation, or (ii) fax number of the parties as shown in the Agreement. A party may change its contact details by sending notice to the other party of the new address. Notices shall be given: (a) by personal delivery or express courier to the other party with signed receipt; (b) by facsimile, with a printed confirmation Notices shall be effective and shall be deemed delivered: (i) if by personal delivery or express courier, on the date of the signed delivery
of receipt; (ii) if by facsimile, on the date stated in the electronic confirmation, delivered during normal business hours (8:00 a.m. to 5:00 p.m. at recipient’s location), and, if not delivered during normal business hours, on the next business day following delivery.
10.7 The rights of neither party shall be prejudiced or restricted by any indulgence or forbearance granted to it and no waiver of any breach shall operate as a waiver of any other or further breach.
10.8 If any part of the Agreement (including these General Terms and Conditions) is considered by any court or other competent authority to be unenforceable, it shall be considered severable so as not in any way to effect the remainder of the terms.
10.9 The heading in these General Terms and Conditions are for convenience only and shall not affect interpretation.
10.10 The parties to the Agreement shall be deemed not to have intended to confer by the Agreement any rights whatsoever on any other person.
10.11 The Charter Price, payment terms and other commercial terms contained in each Agreement are confidential to the parties and may not be disclosed to third parties without prior approval or as otherwise required under the applicable laws or for operational, safety or security reasons.
11. APPLICABLE LAW & JURISDICTION
11.1 The Agreement shall be governed by the laws of the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates.
11.2 Any legal action, suit or proceeding arising out of or in relation to the Agreement shall be submitted to the exclusive jurisdiction of the commercial courts of Abu Dhabi, United Arab Emirates.
11.3 Notwithstanding clause 11.2 above, Adler and the Client may agree arbitration in accordance with the DIFC/LCIA Rules currently in operation in Dubai, UAE.
1.1 Capitalized terms used in these General Conditions of Carriage shall have the following meanings:
“Agreement” means the Charter Quotation, the Confirmation, the General Terms and Conditions and these General Conditions of Carriage.
“Aircraft” means any aircraft chartered from Adler (including any substitute, leased or similar aircraft).
“Applicable Law” means the laws of the United Arab Emirates including but not limited to The Civil Aviation Law (Federal Act No. 20) 1991 and Commercial Transactions Law (Federal Law No. 18) 1993 as amended, any applicable domestic and/or where applicable, international laws, rules, regulations, by-laws, directives and/or any international aviation convention (i.e. Montreal Convention 1999, Warsaw Convention 1929, Hague Protocol 1955 or any other convention or law (or parts thereof) that may apply.
“Document of Carriage” means any document delivered, either individually or collectively to passengers in respect of carriage that gives an indication of the places of departure and destination and of one or more agreed stopping places.
“Flight” or “Flights” means the flight or, as the case may be, each of the flights set out in the Charter Quotation and performed by Adler.“ICAO” means the International Civil Aviation Organization.
“Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air signed in Montreal on 28 May 1999. Tariff means fares for carriage, charges and related Conditions of Carriage and booking confirmation restrictions (whether published or otherwise available) and if applicable, filed with a relevant governmental authority.
“Warsaw Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air signed in Warsaw on 12 October 1929, or that convention as amended at The Hague on 28 September 1955, whichever may be applicable
“We”, “us”, “ours”, “GI Aviation” or “Adler” means GI Aviation operated by Adler Aviation LLC, its associated companies or entities its servants or agents.
“You”, “your” or “passenger” means any person, carried or to be carried in our Aircraft with our consent.
If these Conditions of Carriage are inconsistent with any Tariff or with the Applicable Laws which apply to your contract of carriage, the applicable Tariff or Applicable Law will apply. If one of these Conditions of Carriage becomes invalid in this way, the other conditions will still apply. These
Conditions of Carriage shall be read in conjunction with the General Terms and Conditions and where required, the definitions of the General Terms of Conditions shall be adopted.
2.1 Carriage hereunder is subject to the rules and limitations relating to liability established by either the Warsaw Convention or the Montreal Convention unless such carriage is not “International Carriage” as defined by those Conventions in which case the laws and regulations of the United Arab Emirates shall prevail.
2.2 For carriage which is not international carriage and domestic within the United Arab Emirates, the law of the United Arab Emirates is applicable, our liability is governed by the Civil Aviation Law (Federal) No. 20 of 1991 (as amended).
2.3 To the extent not in conflict with the foregoing, carriage is subject to our General Conditions of Carriage.
2.4 Carriage hereunder is subject to the following: a) The Flight(s) is/are in all respects subject to the provisions, obligations and conditions of such charter agreement between Adler and You and such charterer relating to the Flight(s); b) You are duly qualified and entitled to be carried as a passenger
upon the Flight in question in accordance with all governmental and aviation authority regulations relating thereto and with any applicable provisions of such Agreement; c) All obligations of You to us in the terms of the Agreement having been duly implemented.
3. AGREED STOPPING PLACES
3.1 The agreed stopping places shall be those set forth in the signed and agreed Charter Agreement between the parties.
4.1 We agree to use our reasonable efforts to carry you and your baggage within reasonable periods. Agreed times are not guaranteed and form no part of this agreement. We may without notice substitute alternate carriers, operators and/or aircraft, and may alter or omit stopping places shown in the Document of Carriage in case of necessity. We assume no responsibility for making connections or any other matter set out herein.
5. OUR LIABILITY
5.1 Liability for damage Applicable rules Our liability will be determined by the Applicable Laws and these General Conditions of Carriage. Where other operators are involved in your journey, their liability will be governed by the Applicable Laws and, unless these General Conditions of Carriage state otherwise, their conditions of carriage.
The Applicable Laws comprise the Civil Aviation Law (Federal Law No. 20) 1991 and the Commercial Transactions Law 1993 (Federal No. 18) (as amended) and may also include to the extent applicable, the Warsaw Convention or the Montreal Convention and/or laws which apply. The Warsaw Convention and the Montreal Convention apply to international carriage as defined in those Conventions and as set out in the Applicable Laws. Domestic carriage, that is carriage within the United Arab Emirates, is subject to local laws (including but not limited to the Civil Aviation Law 1991 and the Commercial Transactions Law 1993) only.
Scope of liability We will be liable only for damage occurring during carriage performed by us, or in relation to which we have a legal liability to you. Where we issue a ticket for carriage by another operator, or we check-in your baggage for carriage by another operator, we do so only as agent for that operator.
Where the Civil Aviation Law 1991 and the Commercial Transactions Law 1993 or any other UAE domestic or local law applies to your carriage, our liability shall be limited to the extent set out therein. Wherever the Warsaw Convention or the Montreal Convention applies to your carriage, our liability will be subject to the rules and limitations of the applicable Convention.
We will be wholly or partly exonerated from liability to you for loss and damage if we prove that the loss or damage was caused or contributed to by your negligence or other wrongful act or omission.
We will not be liable for any loss or damage arising from our compliance with the Applicable Laws or government rules and regulations or from your failure to comply with the same, except as may be provided by the Applicable Laws, the Warsaw Convention and/or the Montreal Convention.
Except where we state otherwise in these Conditions of Carriage, we will be liable to you only for compensatory damages you are entitled to recover for proven losses and costs under the Applicable Laws, the Warsaw Convention and/or the Montreal Convention or local laws which may apply.
Your contract of carriage with us (including these Conditions of Carriage and all applicable exclusions and limits of liability) applies for the benefit of our authorised agents, entities, servants, affiliates, employees and representatives to the same extent as they apply to us. As a result, the total
amount recoverable from us and our authorised agents, servants, entities, affiliates, employees and representatives will not be more than our own liability, if any.
Nothing in these Conditions of Carriage:
gives up or waives any exclusion or limitation of our liability available under the Applicable Laws, the Warsaw Convention, and/or the Montreal Convention or applicable local law unless otherwise expressly stated in writing by us; or
prevents us from excluding or limiting our liability under the Applicable Laws, the Warsaw Convention, and/or the Montreal Convention, as applicable, or under any other laws which apply, or gives up any defence available to us thereunder against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a passenger.
Death or injury of Passengers Our liability for damage or loss sustained by you, in the event of death,
wounding or other bodily injury caused by an accident is subject to the rules and limitations of the Applicable Laws as well as the following supplementary rules.
Our liability will be subject to the provisions and limitations of the Applicable Laws, the Montreal and/or Warsaw Convention and/or any other local law as applicable and in accordance with Sharia law as may be applicable from time to time;
If required and in accordance with the Applicable Laws, we agree to make payments (and in advance if required under the Applicable Laws only) to you or your heirs subject to the following terms and conditions:
• an aircraft accident has resulted in death or bodily injury;
• the person receiving payment is a natural person (that is to say, a person in the ordinary sense of the word as opposed to artificial persons or corporations);
• you are, or the person receiving payment is, entitled to compensation under the Applicable Laws;
• payments will be made only in respect of immediate economic needs;
• the amount of a payment will be proportional to the economic hardship being suffered as a result of the death, wounding or bodily injury;
• payment will not be made later than 30 days after the identity of the person entitled to compensation has been established under the Applicable Laws;
• no person will be entitled to receive a payment if he or she or the passenger to whom the payment relates, caused or contributed to the damage or loss to which the payment relates by his or her negligence;
• all payments will be made subject to the condition that they will be returned to us on proof that the recipient has not complied with or satisfied the relevant provisions or if he or she or the passenger to whom the payment relates, caused or contributed to the loss or damage to which
the payment relates;
• payments will be off-set against any subsequent sums payable in respect of our liability under the Applicable Laws;
• except for payment of the minimum sum specified in the Applicable Laws in respect of death, a payment will not exceed the maximum damages for which we may be liable to pay the recipient;
• the making of a payment will not constitute recognition or admission of liability by us;
• save to the extent in conflict with the Applicable Laws, and subject to payment in the case of death, our decision in relation to the payment amount will be final.
We will not be liable for loss or damage to unchecked baggage unless we solely caused the loss or damage by our negligence. We will not be liable for loss or damage to baggage resulting from the inherent
defect, quality or vice of the baggage (for example, destruction of, or damage caused by or to, any items which are not packed correctly or are inherently unsuitable for travel in the hold and other items which you are prohibited from including in your baggage by the Applicable Laws). Likewise, we will not be
liable for fair wear and tear of baggage resulting from the usual and normal rigours of transportation by air regarding the suitability of your baggage for transportation by air).
Our liability for loss or damage to baggage is limited to the maximum amounts stated in the Applicable Laws (and as set out in (i) and (ii) below) unless you prove that the damage resulted from our act or omission either done with the intention of causing damage or recklessly and with knowledge that damage
would probably result. You may wish to make a special declaration of value or buy yourself insurance to cover instances where the actual value or replacement cost of your checked baggage or unchecked baggage exceeds our liability.
(i) 150 AEDs per kilo of baggage per passenger applies to damage or loss to unchecked baggage under the Applicable Laws applying to your carriage;
(ii) 150 AEDs per kilogram, or any higher sum agreed by us pursuant to the Applicable Laws applies to loss or damage to checked baggage pursuant to the Applicable Laws applying to your carriage;The limit of liability for loss or damage for both unchecked and/or checked baggage is laid down by either the
Warsaw Convention and/or the Montreal Convention if applicable. For such carriage, these limits of liability will be relied upon by us.
The limit of liability for loss or damage to both unchecked and checked baggage laid down by the Applicable Laws apply to your baggage where the Applicable Laws apply to your carriage instead of the Warsaw Convention or the Montreal Convention. For such carriage, these limits will be relied upon by us.
The limits of liability for loss or damage to both unchecked and checked baggage specified in the Applicable Laws apply to loss or damage to unchecked baggage and checked baggage respectively where neither the Warsaw Convention nor the Montreal Convention applies to your carriage and no limit
of our liability is laid down by the local Applicable Laws.
We will increase our liability to you for loss or damage to checked baggage to an amount specified by you and agreed by us at the time you hand your checked baggage to us at check-in, but only if you pay to us an additional charge calculated in accordance with our rules and regulations. This is known as a “special declaration of value”. Please ask us for details of the applicable charges if you want to use this option.
If the weight of your checked baggage is not recorded on the baggage check, we will presume that it is not more than the free baggage allowance.
5.3 Delay in the carriage of Passengers
Our liability for loss and damage caused by delay in your carriage by air is limited by the Applicable Laws and/or the laws of the United Arab Emirates. In the event that carriage is governed by any other law our liability will be limited (if any) to that set out in the Applicable Laws.
5.4 Advice to international Passengers on limitation of liability Where your journey involves an ultimate destination or stop in a country other than the country of origin, you are advised that the Warsaw Convention or the Montreal Convention may be applicable to your entire journey, including any
section entirely within the country of origin or destination.
Where the Montreal Convention is applicable, the operator or carrier is liable for proven damages for death or personal injury, and certain defences to liability specified by that Convention will be inapplicable for damages not exceeding the National Currency Equivalent of 113,100 SDRs.
Where the Montreal Convention is not applicable, the conditions of carriage of many operators provide that the liability for death or bodily injury will not be subject to any financial limit defined by the Warsaw Convention and that, in respect of such damage up to a maximum of the National Currency Equivalent of 100,000 SDRs, any defence to liability based on proof that they have taken all necessary measures will not apply. Where no such provisions are included in the operator’s conditions of carriage, please note that:
for such passengers on a journey to, from or with an agreed stopping place in the USA, the Warsaw Convention and special contracts of carriage embodied in applicable Tariffs provide that the liability of certain operators, parties to such special contracts, for death of or personal injury to passengers is limited in most cases to proven damages not to exceed US$75,000 per passenger, and that this liability up to such limit will not depend on negligence on the part of the operator or carrier; and
for such passengers travelling by an operator not a party to such special contracts or on a journey to which the Warsaw Convention applies which is not to, from or having an agreed stopping place in the USA, the liability of the operator or carrier for death or personal injury to passengers is limited in most cases to US$10,000 or US$20,000; and some countries impose higher limits than those stated in (a) and (b).
The names of operators or parties to such special contracts of the type mentioned in (a) above, are available at all ticket offices of such operators or carriers and may be examined on request.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the operator’s liability under the Warsaw Convention or the Montreal Convention or such special contracts of carriage of the type mentioned in (a) above. For further information, please consult your carrier or operator or insurance company representatives.
Note: The limit of liability of US$75,000 specified in (a) above of this clause is inclusive of legal fees and costs except that, in case of a claim brought in a state where a provision is made for separate award of legal fees and costs, the limit will be the sum of US$58,000 exclusive of legal fees and costs.
5.5 Processing of Baggage claims
All claims for compensation for loss or damage to baggage must be accompanied by an itemised list identifying each affected item by description, manufacturer and age, together with proof of purchase or
ownership for all such items.
In the case of a compensation claim concerning physical damage to baggage, you must retain and, if requested by us, let us examine the affected baggage so that we may assess the nature, extent and repairability of that damage.
If you wish to claim the cost of replacement of an individual item which forms part of a claim for compensation for loss or damage to baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable.
For all claims for compensation concerning baggage, you must provide us with any information we may request to assess the eligibility of your claim for compensation and the amount of any compensation payable.
If required by us, you will sign a statement of truth regarding the facts of your claim for loss or damage to baggage before we pay any compensation to you.
Failure by you to fully comply with the relevant requirements of this clause may adversely affect the amount of any compensation to which you may be entitled.
6. TRAVEL DOCUMENTATION
6.1 You are fully responsible for obtaining any and/or all required travel documents, passport, connections and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit. We shall not be liable
whatsoever or howsoever arising for the consequences resulting from your act, omission or failure to procure, obtain or be notified of such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. You agree that you shall comply with government travel requirements, present exit, entry and other required documents and arrive at airport by the time fixed by us or, if no time is fixed, early enough to complete departure procedures.
7. REFUSAL OF CARRIAGE
7.1 In the reasonable exercise of our sole discretion, we may refuse to carry you or your baggage. In such cases, we shall inform you in writing. We may also refuse to carry you or your baggage if one or more of the following have occurred and/or we reasonably believe may occur:
a) Such action is necessary in order to comply with any applicable government laws, regulations, or orders;
b) The carriage of you or your baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew or the Aircraft itself;
c) Your mental or physical state, including your impairment from alcohol or drugs or similar, presents a hazard or risk to yourself, to passengers, to crew, or to property (and irrespective of the extent of such risk);
d) You have been blacklisted by a previous operator, carrier and/or have committed misconduct on a previous flight, and we have reason to believe that such conduct may be repeated;
e) You have refused to submit to a security check;
f) You do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, or for which you do not have valid travel documents, destroy your documentation during flight or refuse to surrender your travel documents to the flight crew, against receipt, when so requested;
g) You fail to observe any instructions with respect to safety, security or similar by us;
h) You have previously or known to have committed one of the acts or omissions referred to above.
Surcharges in exceptional circumstances In exceptional circumstances, charges may be imposed on us by third parties which are of a type or amount not normally applicable to our operations (for example, insurance premium supplements or additional security costs triggered by unlawful interference with civil aviation). In addition, we may be subjected to significant increases in operational costs caused by an event of Force Majeure.In such cases, you will be required to pay to us, as fare surcharges, all such
charges attributed by us to your carriage (even if imposed after the date of issue of your booking confirmation). We will contact you with details of any applicable fare surcharges as soon as possible. If we are unable to establish contact using your contact details, we will advise you of any applicable fare surcharge at check-in.No monetary refund will be provided.
8. DANGEROUS GOODS & OTHER RESTRICTED ITEMS
8.1 You must not include in your baggage without Adler’s prior approval and written consent, goods categorized as dangerous or prohibited under any of the ICAO Dangerous Goods regulations or under any other applicable regulations, including Electronic Cigarettes, compressed gases (flammable, non-flammable and poisonous), corrosives (such as acids, lithium batteries, wet batteries), certain mobile phone and communications systems, explosives, munitions, fireworks and articles which are easily ignited; flammable liquids and solids (such as flammable aerosols, lighter or heating fuels, matches), oxidising materials; poisons; radioactive materials; weapons or other restricted articles (such as mercury, magnetic material, offensive or irritating materials).
8.2 Certain animals, plants, food (e.g. alcohol), goods, items, even though not prohibited for transportation, may be subject to certain restrictions, special terms of transportation and other regulations. It is the passenger’s sole risk and responsibility to comply with any regulations
imposing such specific terms and restrictions under the applicable laws. Adler reserves the right (and at its sole discretion) to refuse carriage of animals, plants, food, goods, items even if they are not prohibited for transportation under any laws or regulations. The passenger must seek Adler’s approval (together with supporting documentation from the relevant authorities) in writing prior if animals, plants or other restricted goods and items are proposed to be transported.
9. ELECTRONIC EQUIPMENT
9.1 For safety reasons, we may forbid or limit operation aboard Adler’s Aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
10.1 For reasons of safety, security or Government protocols and requirements, we may request that you permit a search, x-ray or other type of personal scan or physical search be made of you and/or your baggage. If you are not available, your baggage may be searched in your absence. If you are unwilling to comply with such request, we reserve the right to refuse to carry you and your baggage at all. In the event an X-ray or other scan causes damage to you or your baggage, we shall not be liable under any circumstances whatsoever or howsoever arising.
11. CONDUCT ON BOARD AIRCRAFT
If in our opinion you conduct yourself aboard the Aircraft so as to risk or endanger the Aircraft or any person or property on board, or obstruct the flight or cabin crew in the performance of their duties, or fail to comply with any instructions of the flight or cabin crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner which causes discomfort, inconvenience, risk, damage or injury to other passengers or the crew, we reserve the right and may take such measures as it deems reasonably necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offences committed on board the Aircraft.
Services provided by third parties
If we arrange for another company to provide you with surface carriage or other services (for example, a limousine, ground transfer, hotel reservation or accommodation or car rental) or if we issue you with a ticket or voucher relating to any such surface carriage or other services, we are acting only as your agent in making those arrangements or issuing the ticket or voucher. The terms and conditions of the company providing those services will apply to you. The applicable conditions of the third party roviders will be made available to you prior to booking or at any time on request. We will have no liability to you whatsoever and howsoever arising regarding any surface carriage or other services we arrange for you which are to be provided by another company unless caused solely by our recklessness or wilful misconduct.
12. PERSONAL DATA
12.1 You recognize that we may receive personal data for the purposes of providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you specifically and unequivocally authorize us to retain and use such data and to transmit it to our own offices, authorized agents, government agencies, other carriers or any required institutions, authorities or regulators for the purposes of us conducting such Flights.
12.2 You also agree unequivocally to allow us to share your data and your personal information with any government, authority, third party entity, or in accordance with industry practice for the operation, safety and security of the Aircraft and the Flight(s).
12.3 You also agree for us to store, use, adopt and utilise your personal data and contact details for the purposes of email bookings, Flight confirmation, changes to the Flights, terms and conditions, or any other matters whatsoever.
13. FINES AND PENALTIES
13.1 If we are required to pay any fine, sanction, penalty or to incur anyexpenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid
or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage or any of your funds in our possession.
14. TIME LIMITS ON CLAIMS AND ACTIONS
14.1 Acceptance of baggage by the bearer of the baggage ticket without complaint at the time of receipt of the baggage is sufficient evidence that the baggage has been delivered to the bearer of the baggage ticket in good condition and in accordance with the Agreement.
14.2 If you wish to file a claim or an action regarding damage to checked baggage, you must notify us forthwith after you discover the damage, and at the latest, within seven (7) days of receipt of the checked baggage or in the case of lost baggage within seven (7) days of the date the checked baggage should have arrived. If you wish to file a claim or an action regarding delay of checked baggage, you must notify us within twenty-one (21) days from the date the checked baggage has been placed at your disposal. Every such notification must be made in writing.
14.3 Any right to damages shall be extinguished if an action is not brought within 2 years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which carriage stopped. The method of calculating the limitation period shall be determined by the law of the
court where the case is heard.
15.1 We will use reasonable efforts to make correct decisions about the interpretation of Applicable Laws, regulations, orders or governmental policy for the purposes of these Conditions of Carriage. Sometimes such decisions may have to be made in circumstances where limited time is available and no proper opportunity exists to carry out any or sufficient enquiries. As a result, any such decision made by us will be final and binding on you even if subsequently proved to be incorrect, provided that at the time we made our decision we had reasonable grounds for believing that it was correct.
15.2 Where we expressly state in these Conditions of Carriage that you must comply with Applicable Law or applicable governmental, ICAO or IATA requirements, you must make sure that you comply with such Applicable Law or requirements at all times and especially on the date or dates of your carriage.
15.3 These General Conditions of Carriage shall be governed by construed exclusively in accordance with the laws of Abu Dhabi and the Federal laws of the United Arab Emirates law.
15.4 Any legal action, suit or proceeding arising out of or in relation to this General Conditions of Carriage shall be submitted to the exclusive jurisdiction of the courts of Abu Dhabi, United Arab Emirates.
15.5 Notwithstanding clause 15.2 above, Adler and You may agree arbitration in accordance with the DIFC/LCIA Rules currently in operation in Dubai, UAE.