1. DEFINITIONS
1.1. In these conditions (“Conditions of Carriage”) the following expressions shall have the
following meanings:
“Baggage” means the Passenger’s personal property accompanying the Passenger in connection
with the Flight and whether carried in the cabin or in the hold of the aircraft;
“Booking Confirmation” means the document provided by VOLUXIS (or its authorised agent) and signed by the Charterer confirming each and every Charter Flight(s) that will be operated by VOLUXIS for the benefit of the Charterer, together with the Charter Agreement and any other associated terms.
“Charter Agreement” means any charter agreement between VOLUXIS and the Charterer and
included any charter confirmation or booking confirmation issued by VOLUXIS;
“Charter Flight” means the flight described in the Booking Confirmation;
“Charterer” means the party chartering an aircraft from VOLUXIS;
“Convention” means whichever of the following apply:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air,
signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention). - The Warsaw Convention as amended at The Hague on 28 September 1955.
- The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975).
- The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of
Montreal (1975). - The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of
Montreal (1975). - The Convention for the Unification of Certain Rules for International Carriage by Air, signed at
Montreal, 28 May 1999 (referred to below as the Montreal Convention).
“Crew” means the flight crew and the cabin crew of the Aircraft;
“Damage” includes death of, wounding of, or bodily injury to a Passenger on board an aircraft or during any of the operations of embarking or disembarking. It also includes loss, partial loss, theft of, or other damage to Baggage arising out of, or in connection with carriage or other services performed by VOLUXIS. Additionally, it means damage occasioned by delay in the carriage by air of Passengers or Baggage.
“EC Regulations” means European Union Regulations currently in force including but not limited
to EC Regulation 2027/97, 889/2002 and 261/2004 and 1107/2006;
“Passenger” means a passenger who is carried or is to be carried on the Aircraft (excluding
members of the Crew);
“Prohibited Items” items which are likely to put the aircraft or people or property on board the aircraft in danger, which are prohibited from being carried by the applicable laws, regulations or orders of any state to be flown from, to or over and include the items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations including but not limited to compressed gases, corrosives, explosives, flammable
liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices;
“SDR” means a Special Drawing Right which is an international unit of account, defined by the International Monetary Fund, based upon the values of several leading currencies. The currency values of the Special Drawing Right fluctuate and are re-calculated each banking day;
“Ticket” means any electronic or hard-copy ticket;
“VOLUXIS” means the party that has concluded the Charter Agreement with the Charterer, either:
• Voluxis Limited whose registered office is at Main Terminal Hangar Main Road, Biggin Hill, Westerham, England, TN16 3BH; or
• Voluxis San Marino S.r.l. a company incorporated in San Marino with company number 8770 whose registered address is Borga Maggiore (RSM), Via Ventotto Lugilio n.212, San Marino.
1.2. Capitalised terms not defined in clause 1.1 of these Conditions of Carriage shall have the same meanings as set out in the Charter Agreement.
2. APPLICATION OF CONDITIONS
2.1. These Conditions of Carriage apply to all Charter Flights carried out by VOLUXIS
2.2. In the event that VOLUXIS arranges any third party carrier to provide flights in substitution for the Charter Flight or any part of it, these Conditions of Carriage shall apply to such substitute flight.
2.3. If these Conditions of Carriage are inconsistent with any tariffs or laws which apply to your Charter Agreement with us, the tariffs or laws will apply
3. TRAVEL DOCUMENTS, ENTRY, CUSTOMS AND SECURITY
3.1. Passengers are solely responsible for:
3.1.1. checking the entry requirements of any country being visited and obtaining and producing all necessary, valid travel documents, visas and health and medical certificates required by any applicable laws and regulations of the countries to be flown from and into;
3.1.2. obeying the laws and regulations of countries flown from, entered into, or through which the Passenger transits.
3.2. The Charterer shall reimburse VOLUXIS if VOLUXIS is required to pay any fine resulting from a Passenger’s failure to obey the laws, orders or demands of any country flown from, entered into, or through which a Passenger transits.
3.3. If a Passenger is refused entry into any country then the Charterer shall reimburse VOLUXIS for any fines, detention costs, penalties, fees or other charges assessed against VOLUXIS and for the full costs of transporting the Passenger from that country and for the avoidance of doubt no part of the Charter Price shall be refunded.
3.4. Passengers must submit to any security checks required by airport or other government officials or carriers (including VOLUXIS).
3.5. If necessary, Passengers must be present at any inspection of their Baggage by customs or other authorised officials. VOLUXIS shall have no liability for any damage caused to Baggage arising during or as a result of such an inspection.
4. BOARDING
4.1. VOLUXIS may refuse to carry any Passenger who does not produce for inspection:
4.1.1. a valid, unspoiled passport or appropriate identification including a photo ID document in the Passenger’s name which are valid for any country that the Passenger is travelling to or through;
4.1.2. health and medical certificates and other documents required by any applicable law of the countries to be flown from and into.
4.2. VOLUXIS may refuse to carry, without incurring any liability to any third party, to the Charterer or to any Passenger of the Charterer, any Passengers who:
4.2.1. do not arrive at the specified check in point at the departure airport early enough to allow sufficient time for departure procedures to be carried out; or
4.2.2. do not board the aircraft for the Charter Flight at the designated time.
4.3. VOLUXIS may refuse to allow a Passenger to board (or, having boarded, may refuse to carry them and if necessary have the Passenger removed) if;
4.3.1. VOLUXIS reasonably believes that carrying the Passenger or the Passenger’s Baggage (or any of it) would have an adverse impact on the safety of the Charter Flight or the health, safety or comfort of the Passenger or any other person onboard;
4.3.2. VOLUXIS reasonably believes that the Passenger is under the influence of alcohol or drugs to such extent as to present any risk to the safety of (including damage to) the aircraft or any person on it (including the Passenger);
4.3.3. the Passenger refuses to allow any security check or (where applicable) any screening or x-ray of the Passenger or Baggage to be carried out;
4.3.4. the Passenger refuses to comply with any reasonable instructions or requests of the ground staff or a member of the Crew;
4.3.5. the Passenger is abusive, insulting or threatening;
4.3.6. the Passenger interferes with the execution of the duties of any member of the Crew;
4.3.7. the Passenger is not medically fit to fly;
4.3.8. the Passenger tries to enter a country for which the Passenger’s travel documents are not valid or if the immigration authority for the country the Passenger is travelling to, or for a country in which the Passenger has a stopover, has told VOLUXIS (either orally or in writing) that it has decided not to allow the Passenger to enter that country, even if the Passenger has, or appears to have, valid travel documents;
4.3.9. the Passenger destroys travel documents during the Flight or if the Passenger has refused to allow VOLUXIS to photocopy the Passenger’s travel documents or if the Passenger has refused to give travel documents to a member of the Crew, when requested to do so;
4.3.10. the Passenger asks the relevant government authorities for permission to enter a country in which the Passenger has landed as a transit Passenger; or
4.3.11. carrying of the Passenger would break government laws, regulations, or orders including if the Passenger is subject to a no-fly list or subject to any international sanctions.
4.4. If doubt exists about a Passenger’s fitness to fly, the Passenger may not be accepted for carriage unless the Passenger has satisfied one of the three requirements set out in clause 4.4.1 and 4.4.3.
4.4.1. The Passenger has produced to VOLUXIS no later than 48 hours before the Charter Flight a medical report from an appropriately qualified doctor, bearing a date no more than five (5) Days before the date of the Charter Flight, which confirms the Passenger’s fitness to travel on the Charter Flight; or
4.4.2. The Passenger has completed and produced to VOLUXIS no later than 48 hours before flight a Medical Information Form (MEDIF) and VOLUXIS have confirmed that the Passenger may fly on the Charter Flight; or
4.4.3. The Passenger has completed and produced to VOLUXIS no later than 96 hours before flight a Frequent Travellers Medical Card (FREMEC) and VOLUXIS have confirmed that the Passenger may fly on the Charter Flight.
4.5. If VOLUXIS, in the exercise of its absolute discretion, refuses to carry or removes a Passenger en route for any of the reasons stated in clause 4.3 and clause 4.4 of these Conditions of Carriage then VOLUXIS will have no liability whatsoever to the Passenger or the Charterer, and the Passenger or the Charterer will not be entitled to further carriage or to any refund with respect to any of the sectors booked but not flown and VOLUXIS will not be liable for any consequential or special damage or loss or loss of profits, contract, opportunities, revenue, turnover, management time or reputation or goodwill alleged due to any such refusal to carry or removal en route. The Passenger will indemnify VOLUXIS in full against any losses, costs, expenses and liabilities arising from the refusal of carriage or removal.
4.6. VOLUXIS may facilitate the carriage of unaccompanied children, subject always to the written consent of a next of kin or any other applicable laws that may be in force from time to time.
5. BAGGAGE
5.1. Any Baggage in excess of the free baggage allowance stated in the Charter Agreement can only be transported with the prior approval of VOLUXIS and must be paid for by Passengers at VOLUXIS’s rates for excess baggage from time to time. Details of the prevailing excess baggage rates can be obtained from Voluxis, on request.
5.2. The Passenger must not carry any Prohibited Items in his or her Baggage and VOLUXIS may refuse to carry (or, if already boarded, may refuse any further carriage) any Passenger whose Baggage is found to contain any Prohibited Item.
5.3. Firearms and ammunition of any kind are prohibited from carriage as Baggage. VOLUXIS may, at its discretion, accept weapons such as sporting weapons, antique firearms, swords, knives and similar items into the hold but they will not be permitted in the cabin of the aircraft. If you intend to carry any such items, you should contact VOLUXIS prior to entering into the Charter Agreement.
5.4. VOLUXIS may refuse to carry any Baggage containing Prohibited Items or oversized/heavy Baggage or any Baggage that cannot be stored safely in the hold or cabin of the Aircraft and that in any event shall be at the discretion of the Captain.
5.5. VOLUXIS may refuse to carry as Baggage any item unless it is in the opinion of VOLUXIS properly and securely packed in suitable containers.
5.6. For reasons of safety and security, VOLUXIS, its agents or other officials may ask to search and screen each Passenger and search, screen or x-ray Baggage. VOLUXIS will try to search, screen or x-ray Baggage when the Passenger is present. However, if the Passenger is not available, VOLUXIS may search the Passenger’s Baggage in the Passenger’s absence. If the Passenger does not allow VOLUXIS to carry out the necessary safety and security searches, screening and x-rays, VOLUXIS may refuse to carry the Passenger and the Passenger’s Baggage. In the event a search or scan causes Damage to the Passenger, or a search, x-ray or scan causes Damage to the Passenger’s Baggage, VOLUXIS shall not be liable for such Damage unless due to the gross negligence or wilful misconduct of VOLUXIS.
6. ANIMALS
6.1. VOLUXIS may, subject to any applicable laws, agree to carry animals if at the time of the booking the request is made and VOLUXIS has given its written consent.
6.2. Each animal must be accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit failing which, it will not be accepted for carriage. Such carriage may be subject to additional conditions specified by VOLUXIS.
6.3. VOLUXIS will have no liability in respect of any such animal not having all the necessary exit, entry, health and other documents with respect to the animal’s entry into or passage through any country, state or territory and the person carrying the animal must indemnify immediately on demand and keep indemnified VOLUXIS in respect of any fines, costs, losses or liabilities imposed or incurred by VOLUXIS.
6.4. The Passenger shall pay to VOLUXIS immediately on demand any additional costs incurred as a result of the transportation of the animal(s).
6.5. Where carriage is not subject to the liability rules of the Convention, VOLUXIS are not responsible for injury to or loss, sickness or death of an animal which VOLUXIS have agreed to carry unless VOLUXIS has been grossly negligent.
7. BEHAVIOUR ON THE AIRCRAFT
7.1. If VOLUXIS reasonably believes that a Passenger has attempted to or has in fact:
7.1.1. put the Aircraft or any person on it at any risk (including risk of damage to health or property);
7.1.2. interfered with the Crew;
7.1.3. disregarded any instructions of the Crew relating to safety or security;
7.1.4. failed to obey instructions of the Crew regarding smoking, alcohol or drugs;
7.1.5. acted in a threatening, disorderly, offensive or abusive way whilst on the Aircraft;
7.1.6. committed a criminal offence;
7.1.7. caused any discomfort or inconvenience to another Passenger;
then VOLUXIS may take such measures as it deems necessary to counteract such behaviour, including restraining the Passenger and removing him or her from the Aircraft. Passengers so removed shall not be entitled to any further carriage or any compensation in respect of the Charter Flight. Passengers may be prosecuted for offences committed on the Aircraft.
7.2. If the Aircraft is diverted because of any behaviour described in clause 7.1 above then the Passenger will indemnify VOLUXIS immediately on demand and will keep VOLUXIS indemnified in respect of all the costs, expenses and liabilities of the diversion.
8. SCHEDULES & DENIED BOARDING COMPENSATION
8.1. VOLUXIS may alter scheduled departure times including after a booking confirmation has been issued to the Passenger.
8.2. VOLUXIS shall use commercially reasonable endeavours to avoid delays to the Charter Flight, including, if it deems appropriate, arranging for a substitute aircraft or carrier to carry out all or part of the Charter Flight, however VOLUXIS does not guarantee the scheduled times for Charter Flights. Any flight times, whether included in the Booking Confirmation or as otherwise advised by VOLUXIS, do not form part of your contract with us.
8.3. If the Charter Flight is delayed or cancelled then the Charterer shall be contacted at the earliest possible time and the Charterer shall be notified of any changes to make any alternative arrangements or confirm any necessary refunds, where applicable.
8.4. In the event that, for reasons beyond VOLUXIS’s control, the aircraft is unable to land at the airfield shown in the Charter Agreement and the aircraft is required to divert to another airfield, then the carriage by air shall, unless the aircraft continues to its original destination, be deemed to be completed when the aircraft lands at the diversion airfield.
8.5. Nothing in these Conditions of Carriage shall be construed to exclude or limit Passengers’ rights and remedies under EC Regulation 261/2004 in respect of denied boarding and of cancellation or long delay of flights and EC Regulation 2027/91.
9. LIABILITY FOR DAMAGE
9.1. VOLUXIS’s liability for the carriage of Passengers and Baggage is governed by:
9.1.1. the Convention, to the extent applicable;
9.1.2. any applicable EC Regulations;
9.1.3. to the extent not inconsistent with the above, applicable national laws; and
9.1.4. to the extent not inconsistent with any of the above, the Charter Agreement.
9.2. Liability for proven death, wounding or other bodily injury to Passengers:
9.2.1. The liability of VOLUXIS for proven damages sustained in the event of death, wounding or any other bodily injury by a Passenger in the event of an accident onboard the aircraft or in the course of embarking or disembarking shall not be subject to any financial limit, be it defined by law, convention or contract.
9.2.2. Subject to clauses 9.2.3 and 9.2.4, for damages up to and including the sum of the equivalent of 128,821 SDRs for each Passenger, VOLUXIS shall not exclude or limit its liability.
9.2.3. VOLUXIS shall not be liable for damages under clause 9.2.2 to the extent that they exceed for each Passenger 128,821 SDRs if VOLUXIS proves that such damage was:
a) not due to the negligence or other wrongful act or omission of VOLUXIS or its
servants or agents; or
b) solely due to the negligence or other wrongful act or omission of a third party.
9.2.4. Notwithstanding the provisions of Clause 9.2.2, if VOLUXIS proves that the Damage was caused by, or contributed to by, the negligence or other wrongful act or omission of the injured or deceased Passenger or of the person claiming compensation VOLUXIS may be exonerated wholly or partly from liability in accordance with applicable laws.
9.2.5. VOLUXIS shall, without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered.
9.2.6. Without prejudice to clause 9.2.7 an advance payment shall not be less than the equivalent of 16,000 SDRs per Passenger in the event of death.
9.2.7. An advance payment shall not constitute recognition of VOLUXIS’s liability and may be offset against any subsequent sums paid on the basis of VOLUXIS’s liability. An advance payment is not returnable, except in the cases described in clauses 9.2.3 or 9.2.4, or in circumstances where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation.
9.2.8. VOLUXIS shall not be responsible for any illness, injury or disability, including death,
attributable to the Passenger’s physical condition or for the aggravation of such condition.
9.3. Liability for damage to Baggage:
9.3.1. VOLUXIS shall not be liable for damage to unchecked Baggage unless the damage results from the fault of VOLUXIS or that of its servants or agents.
9.3.2. VOLUXIS is liable for damage sustained in case of destruction or loss of, or of damage to checked Baggage upon condition only that the event which caused the destruction, loss or damage took place on board the Aircraft or during any period within which the checked baggage was in the charge of VOLUXIS. However, VOLUXIS is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the Baggage
nor is VOLUXIS liable for fair wear and tear of Baggage resulting from the usual and normal rigours of transportation by air.
9.3.3. Subject to clause 9.3.4, VOLUXIS’s liability for damage to Baggage shall be limited to 1288 SDRs
9.3.4. The limit of VOLUXIS’s liability in clause 9.3.3 shall not apply if the Passenger makes, at the time when the checked Baggage was handed over to VOLUXIS, a special declaration of value and pays the applicable additional fee (the amount of which shall be made available by VOLUXIS on request). Where a special declaration is made, VOLUXIS’ liability in respect of any lost, delayed or damaged baggage shall be limited to an amount commensurate with the declared sum.
9.3.5. VOLUXIS shall not be liable for damage to Baggage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
9.3.6. VOLUXIS shall not be liable for any damage to or loss of Prohibited Items included in the Passenger’s Baggage and the Passenger shall be responsible for any damage directly or indirectly attributable to any Prohibited Items.
9.3.7. VOLUXIS is not liable for any Damage caused by the Passenger’s Baggage. The Passenger is responsible for any Damage caused by his or her Baggage to other people and property, including VOLUXIS’s property
9.3.8. If the Passenger receives checked Baggage without making a complaint this shall be prima facie evidence that the Baggage has been delivered in good condition.
9.3.9. In the case of Damage to checked Baggage, the Passenger must complain to VOLUXIS immediately after the discovery of the Damage, and, at the latest, within seven (7) days from the date of receipt of checked Baggage.
9.3.10. In the case of delay to checked Baggage, the complaint must be made at the latest within twenty one (21) days from the date on which the Baggage is placed at the Passenger’s disposal.
9.3.11. Complaints relating to lost, damaged or destroyed Baggage must be sent to VOLUXIS in writing by email to charter@voluxis.com.
9.3.12. If no complaint is made within the times set out in clauses 9.3.9 or 9.3.10 as applicable, no action shall lie against VOLUXIS, save in the case of fraud on its part.
9.4. Liability for damage caused by delay:
9.4.1. VOLUXIS is liable for damage occasioned by delay in the carriage by air of Passengers or their Baggage provided that VOLUXIS shall not be liable for such damage if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.
9.4.2. VOLUXIS’s liability for damage caused to a Passenger by delay is limited to 5,346 SDRs
9.5. Time limit on making claims:
9.5.1. The Passenger’s right to claim damages shall be extinguished if a claim is not brought within a period of two years, calculated from:
a) the date of arrival at the destination; or
b) the date on which the aircraft ought to have arrived; or
c) the date on which the carriage stopped,
and the method of calculating that period shall be determined by the law of the court or
arbitral tribunal hearing the case.
9.6. General limitations:
9.6.1. Passengers’ entitlement to compensation for loss or damage under these Conditions of Carriage shall not exceed their entitlement to compensation for proven loss or damage as set out in the Convention.
9.6.2. If VOLUXIS proves that any damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, VOLUXIS shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a Passenger compensation is claimed by a person other than the Passenger, VOLUXIS shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that Passenger.
9.6.3. Subject to clause 9.6.4, in the event of a claim made against VOLUXIS’s servants and agents, such servants and agents shall be entitled to invoke the same limits of liability that apply to VOLUXIS under these Conditions of Carriage provided that they prove they acted within the scope of their employment, and the aggregate amounts recoverable from VOLUXIS, its servants and agents in such case shall not exceed the said limits.
9.6.4. Clause 9.6.3 shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.
9.6.5. VOLUXIS shall not be liable for any loss or damage arising out of or in connection with its compliance with any applicable laws or regulations.
9.6.6. Nothing in these Conditions of Carriage shall be construed as a waiver by VOLUXIS of:
a) any exclusion or limitation of liability to which VOLUXIS is entitled under the
Convention or any laws which may apply; or
b) any defence available to it under the Convention.
10. REGULATIONS
10.1. The Carriage of Passengers and Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by VOLUXIS. These regulations and conditions as varied from time to time are important. They may concern among other things: the carriage of unaccompanied minors, pregnant women, Passengers with limited mobility and sick Passengers; restrictions on use of electronic devices and items and the on board consumption of alcoholic beverages.
10.2. In the event of any apparent contradiction or ambiguity between the Conditions of Carriage and the Charter Agreement, the terms of the Charter Agreement shall prevail to the extent necessary to resolve such contradiction or ambiguity.
11. INTERPRETATION
11.1. The title of each clause of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
12. CHOICE OF LAW AND JURISDICTION
12.1. Unless otherwise provided for by the Convention or any other applicable law, any dispute arising out of or connection with these Conditions of Carriage and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
