APPENDIX
1. The Air Carrier undertakes the obligation to perform the Flight in full accordance with the applicable legislation by the Aircraft, which shall be in airworthy condition, properly manned and supplied. The performance of the Flight shall be subject to the competent authorities granting of the required permits for landing, overflying etc., where and if applicable. The Aircraft will not perform any single sector of the Flight if all the permits required for the performance of that sector of the Flight are not granted before take off. In case that before the beginning of the Flight any required permit for the rest of the sectors is not granted, the Air Carrier is obliged to inform the Charterer, and the latter shall decide whether the Flight shall be performed. In case the Flight is cancelled due to the aforesaid reason, the Charterer is released from its obligation to pay the Fare. In case the Charterer decides the performance of the Flight without the permits required for the entire or certain sectors of the Flight and, provided the said permits are finally not granted, the Charterer is obliged to pay the Fare corresponding to the performed sectors of the Flight, including the sector corresponding to the trip from the termination point of the Flight back to the Base Airport, according to the calculation provided for in article 12 of the herepresent.
2. Before the beginning of the Flight the Air Carrier is entitled to replace the Aircraft of Table II with another bone, operated by the Air Carrier, having similar or better specifications and transport capacity without the consent of the Charterer. The consent of the Charterer is necessary in case the aforesaid aircraft is operated by another air carrier. In case that for any other reason the aircraft of Table II becomes inappropriate to fly, to the reasonable judgment of the Air Carrier, the latter has the right but not the obligation to perform the Flight by another aircraft (operated by it or, with the consent of the Charterer, by another air carrier) with similar or better transport capacity and specifications, or, in the absence of such an aircraft by an aircraft with lower transport capacity and specifications, with the consent of the Charterer and, in the latter case, with a relevant decrease of the Fare, mutually agreed upon.
3. In case of cancellation of the Flight for the above-mentioned reason or for any other reason not ascribed to the Air Carrier’s fault, the latter is obliged to immediately inform the Charterer and return the Fare, if already paid in advance, without , however incurring any liability to indemnify the Charterer.
4. In the event that the landing of the Aircraft at the destination is not possible due to adverse weather conditions or other reasons of force majeure, having emerged during the Flight, the Air Carrier is under no obligation to return the Fare to the Charterer, if paid, nor is the Charterer released from its obligation to pay the Fare. For the additional trip performed due to the aforesaid reason, the Fare shall be increased according to article 12, if the Air Carrier had informed the Charterer before taking off that landing at the destination might be not possible for the aforesaid reasons and the Charterer insisted in the performance of the Flight.
5. The departure and arrival times, mentioned in the description of the Flight are subject to the changes eventually imposed by the competent authorities. Further, the Air Carrier has the right to make changes, if at his reasonable judgment, it is necessary for reasons pertaining to the health of passengers and/or the safety of the Flight, in case of failure of the Aircraft , as well as in any case of force majeure, having, however the obligation to promptly inform the Charterer. In the aforesaid cases, the responsibility of the Air Carrier is confined to arranging for the food, transfer and accommodation of the passengers during the delay, the relevant expenses being borne by the Charterer, except the case of Aircraft failure. In the latter case, the Air Carrier shall take all reasonable steps for finding another aircraft, with similar specifications and transport capacity, or if such is not available with lower ones, if the Charterer consents, in order to complete the Flight; in case this is not possible, the Air Carrier shall arrange at its own expenses, for the transportation of the Charterer’s passengers to their next destination, following the most appropriate- by objective criteria- feasible and available schedules of regular airlines. Further, in case the departure of the aircraft is subject to prior deicing the Fare shall be increased according to the price per occurrence mentioned in the main body of the agreement.
6. The Charterer has, in the cases mentioned in article 5, the right to terminate either totally or partially (i.e. for one or more sectors of the Flight) the herepresent Agreement. In case of total termination, if the Aircraft has not taken off from its Base Airport, the Air Carrier is obliged to return any paid Fare or if the Fare has not been paid, the Charterer is released from such obligation, the Air Carrier incurring, however, no liability to indemnify the Charterer. If the termination affects a sector of the Flight, the Charterer owes part of the Fare pursuant to the following: a) when the change is due to an Aircraft failure, Fare is due for the performed sectors of the Flight during which the passengers of the Charterer were on board, b) when the change is due to any other reason mentioned in article 5, Fare is due: (i) for the trip performed by the Aircraft from the Base Airport and irrespective of whether passengers of the Charterer were on board, as well as (ii) for the trip performed for the return of the Aircraft from the point where the said change was decided to the Base Airport of the Aircraft.
7. The Air Carrier is not obliged, upon an eventual relevant request of the Charterer or the passengers, to perform a Flight different from the one agreed upon,. In case the Air Carrier does accept the proposed change, the Charterer is obliged to pay the Fare resulting from the calculation provided for in article 12, if exceeding the Fare agreed upon before the said change. In case the new Fare is lower than the one initially agreed upon, the Air Carrier is not under any obligation to return any part of the Fare to the Charterer.
8. The Charterer is obliged to pay to the Air Carrier the Fare, as well as any other amount owed according to the present Appendix, upon issuance of the relevant invoice.
9. The Fare is fully payable in advance, not later than 15 working days before the beginning of the Flight – in case of a prior agreement for the performance of the Flight, otherwise forthwith upon the conclusion of the Agreement – otherwise the Air Carrier is not obliged to perform the Flight. Any additional amount resulting from the provisions of the herepresent is due forthwith upon occurrence of the relevant cause, without any reminder being required by the Air Carrier, unless otherwise agreed upon between the contracting parties.
10. In case of rescission of the herepresent Agreement by the Charterer and cancellation of the Flight, the Air Carrier is entitled to withhold, or, in the absence of any payment in advance, to demand:
-20% of the charter price upon breaching the contract and before scheduled time
- 30% of charter price if cancellation occurs less than 48 hours before scheduled departure time
- 50% of charter price if cancellation occurs less than 24 hours before scheduled departure time
- 100% of charter price, if cancellation occurs after agreed departure time or part of the Charter has been completed, the proportion of the charter price relating to that portion plus 70% of the remainder of the Charter Price
11. The Charterer is obliged to ensure that the passengers will carry all necessary travel documents (e.g. identity card, passport, any necessary for the transit from intermediate stations of the Flight and/or for the entrance to the destination country documents etc.), hereinafter referred to as the “Travel Documents”. The Charterer is also obliged to ensure that the passengers and their luggage will be at the meeting point of the departure place, indicated by the Air Carrier and mentioned in Table I, at least 45 minutes before the departure of the Aircraft for the performance of each part of the Flight (according to Table I or the time determined by the Air Carrier in case of any change), unless the Air Carrier gives different instructions, which the Charterer is obliged to comply with. The Air Carrier is not obliged to delay the departure of the Aircraft in case that any of the passengers is not present at the time provided for according to the aforesaid and/or has not the necessary Travel Documents and/or the Air Carrier deems that the condition of his health renders him incapable of traveling, as well as in case of any other omission or violation of any of the terms of the here present Agreement by the Charterer or by any passenger, and it is not responsible towards the Charterer and/or the aforesaid passengers for not admitting such passengers in the Flight, in the aforementioned cases. In the event that the Air Carrier delays the departure of the Aircraft, upon acceptance of a relevant request of the Charterer or the passengers, the Air Carrier is entitled to the additional amounts generated by the said delay. In case that the Flight or any sector thereof has been cancelled for the above-mentioned causes and after the acceptance by the Air Carrier of a relevant request made by the Charterer and/or the passengers, the Air Carrier is entitled to withhold the Fare (or any part thereof) or, in the absence of any advance payment, to demand it.
12. The Fare is composed by the Flight Charge and eventually various other charges (for accommodation, waiting time, de-icing and other additional charges) as mentioned above, in the main body of the Agreement. However, where the here present Agreement provides for readjustments of the Fare:
a) The additional flight charge will be equal to the difference (absolute value) between the route initially agreed and the route performed, multiplied with either the agreed upon price per flight hour or the result of the agreed upon Basic Flight Charge divided by the route of the Flight agreed upon in the herepresent Agreement
b) For the calculation of the other charges, the unit price of the relevant charge provided in the main body of the herepresent Agreement shall be applicable, while with regard to the other additional charges, the amount charged by the company providing the said additional services or by the supplier plus 10% for management expenses shall be charged by the Air Carrier.
13. The Air Carrier is obliged, without prejudice of the provisos of articles 14-16, to indemnify the passenger or the beneficiaries prescribed by law, in case of injury or death caused by an incident which occurred when the passenger was inside the Aircraft or during embarkation or disembarkation.
14. The Air Carrier does not incur any liability for indemnification in the cases of article 13 if the injury or death occurred due to the passenger’s state of health or the passenger’s fault.
15. In the cases of article 13, the liability incurred by the Air Carrier is confined to the compulsory limits prescribed by the applicable legislation, which are applicable at the time of the occurrence of the incident generating the Air Carrier’s liability, subject to the Air Carrier proving that it and its employees have taken all the necessary measures to avoid the damage or such measures were impossible to take.
16. In any event, the liability of the Air carrier in the cases of article 13 is limited to the upper limits set by the applicable legislation, which are applicable at the time of occurrence of the incident building responsibility.
17. The provisions of the above articles 13-16 are applicable in case of total or partial loss, destruction or deterioration of the luggage of the passengers, occurring during the time period between their delivery to the Air Carrier and their return to the passenger.
18. In case the Charterer has requested additional services, directly connected to the Flight, from the Air Carrier (e.g. room or car reservation etc.) the latter does not undertake or guarantee in any case the proper fulfilment of the said services. If the Air Carrier has recommended the specific supplier of the said services, article 729 of the Civil Code is applicable. The Air Carrier is obliged to return any amount collected for the said reason in case it failed by negligence to execute the relevant mandate of the Charterer, incurring, however, no further liability to indemnify the Charterer. The aforesaid is also applicable for the service of catering, in the cases the Charterer requests for catering, not possible for the Air Carrier to obtain from a standard airport supplier.
19. For safety reasons, the Charterer is obliged to ensure that the passengers shall not carry in their luggage dangerous goods and articles, such as the following:
- bags or briefcases with installed alarm devices,
- explosives ,munitions, fireworks, flares, pistol caps, guns, ammunition including bank cartridges,
- compressed gases - deeply refrigerated, flammable, non-flammable and poisonous,
- flammable solids and liquids (lighter fuel, matches, paints, paint thinners, fire lighters etc.),
- radioactive materials,
- poisonous and infectious substances,
- corrosives (acids, alkalis, mercury, wet cell batteries etc.),
- oxidizing materials
- magnetized material or material offensive or irritating materials
The carriage of medicine and cosmetics in limited quantities necessary to the passenger during the flight is allowed.
It is noted that this is not a complete list of hazardous materials. In case of eventual doubt, the Charterer shall ask the Air Carrier for clarifications.
Furthermore, the Air Carrier may accept armed escorts or bodyguards under the conditions provided by Law 2168/1993 and the Air Carrier’s Safety and Security Manual, which is available upon request.
20. The here present Agreement is governed by Greek Law.
21. Any dispute between the contracting parties, arising directly or indirectly from the implementation of the here present Agreement, shall be submitted to the competent courts of Heraklion, which shall have the exclusive jurisdiction.
22. The term ‘’Base Airport’’ refers to the ….. International Airport “………….”.
23. De-icing costs are not included in the charter price. De-icing costs will be advised by the us, the operator, to the charterer as soon as the operator receives the costs from the airport.
24. In case fuel prices change more than 10% on the date of the flight, Panellenic Private Aviation has the right to change the agreed price from the contract.
25. Quote/Agreement is subject to availability and price change on time of confirmation.
26. Quote/Agreement is subject to slots, permits and parking.
27. Empty leg flights are subject to changes in main flight. In case the main/initial flight changes route, departure times or is cancelled then the empty leg will change or be cancelled accordingly.
28. For some airports and quotes, the offer is subject to winds and weather conditions.
29. Quote/Agreement is valid for 24H maximum. It may change at any given time before receiving signed quote/agreement.
