TERMS OF THE AIRCRAFT CHARTER

 

  1. Definitions
    In these Regulations, hereinafter referred to as "Regulations", the following terms were used, by which the following meanings are meant:
    1. BAGGAGE - means items carried by the Passenger in connection with his journey;
    2. BROKER - means Volanti sp. O.o. with registered office in Rzeszów at Plac Kilińskiego 2, 35-005 Rzeszów, registered in the Register of Entrepreneurs of the District Court in Rzeszów, 12th Commercial Department of the National Court Register under KRS number 0000584439, NIP 5170372217, REGON 362922510, acting as an agent of the Operators;
    3. FLIGHT- a flight carried out by the Operator on the terms specified in the aircraft charter Agreement;
    4. PASSENGER LIST - a list prepared by BROKER on the basis of information provided by the Ordering Party, including the name, surname, type of ID, ID number, validity date of the ID document, date of birth of the Passengers;
    5. PASSENGER - means any person except for crew members who, with the consent of the Operator, are or are to be transported by aircraft and which is on the list of passengers. All provisions of these Regulations pertaining to Passengers, shall apply accordingly to the animals transported by them;
    6. OFFER - means an offer within the meaning of art. 66 § 1 of the Act of 23 April 1964 - Civil Code (ie Journal of Laws of 2018 item 1025), sent to the Principal by the Broker, after confirming the availability and feasibility of the Flight according to the parameters indicated in the Inquiry, whose validity is specified in the offer
    7. OPERATOR - means the air operator performing the carriage in accordance with the information contained in the aircraft charter Agreement, within the meaning of art. 2 point 16 of the Act of 03.07.2002 (consolidated text of the Journal of Laws of 2018 item 1183) The Aviation Law;
    8. CONFIRMATION OF BOOKING - means a document sent by the Broker, meaning the conclusion of the aircraft charter Agreement, containing in particular the date and time of the flight and the place of collection at the airport terminal, where the Passengers are obliged to attend Lot;
    9. AIRPLANE - means an aircraft within the meaning of Article 2 point 1 of the Act of 03.07.2002 (the date of Journal of Laws of 2018 item 1183) The Aviation Law being at the disposal of the Operator by means of which a contract of carriage is performed;
    10. AIRCRACE AIRCRAFT AGREEMENT - shall mean a contract constituting a set of documents consisting of these regulations, information contained in the Inquiry, offer, confirmation of booking and all documents provided with them; concluded between the Principal and the Operator,
    11. INQUIRY - means information entered by the Ordering Party in the form on the website www.volanti.vip, in order to obtain an initial Lot valuation;
    12. CUSTOMER- means a person concluding an aircraft charter agreement with the Operator via a Broker.

       

  1. Subject of services provided
    1. These regulations define the Broker broker general terms and conditions for the conclusion of the aircraft charter contract.
    2. The Customer acknowledges and accepts the fact that the Broker acts only as an intermediary between the Operator and the Customer, in order to provide the Aircraft for the implementation of the Flight. The operator providing the Airplane and the Lot executing is the Operator.
    3. The Operator is responsible for the substitution of the Airplane, crew, pilot and timely execution of the Flight in accordance with the applicable liability regulations.
    4. The Broker is not the owner of the Aircraft, nor does it perform the Flight. Consequently, the Broker is not liable for damages, injuries, deaths, loss of property or other accidents caused by the Operator's act or omission or any entity related to the Operator.

       

  2. Conclusion of the contract
    1. The Customer submits the Inquiry via the form contained on the website, entering the route and route of interest that is of interest to him. Immediately after entering the complete data and sending the Inquiry, the Customer receives preliminary information about the valuation of this order. The initial valuation obtained on the basis of the data entered in the form does not constitute an offer within the meaning of art. 66 § 1 of the Civil Code.
    2. As soon as possible after receiving the Inquiry, the Broker contacts the Principal informing him about the possibility of completing the Flight and the terms of the contract. At the same time, the Broker shall send the Offeror, on behalf of the operator. The offer includes, in particular, the remuneration, date and route of the Flight and the acceptable total weight of the Baggage. Failure to accept the Offer within 6 hours of its sending to the Customer means expiry of the Offer.
    3. To conclude an aircraft charter agreement, the following actions must be combined:
      1. Accepting the Offer by returning the e-mail by a person authorized to represent the Customer or scan of the Offer signed by that person;
      2. Payment in total.
    4. The conclusion of the aircraft charter contract takes place upon receipt by the Broker of the accepted Offer and payment of the entire remuneration for Lot (whichever comes later). The offer must be accepted by the Principal or persons authorized to act on its behalf and represent it. Payment of the entire remuneration for the flight must take place within one week of accepting the offer, however not later than 72 hours before the date of the beginning of the Flight. In the event that Lot is reserved shorter in advance of the 72-hour advance, the payment deadline will be indicated in the Offer, and the ineffective expiration of the term causes that the aircraft charter Agreement is not concluded.
    5. After fulfilling the conditions indicated in point 3.3., The Broker shall send the Booking Confirmation confirming the conclusion of the aircraft charter contract by the Operator.
    6. Along with the moment of sending the accepted Offer to the Broker, the Ordering Party sends the Passenger List to the Broker. If passenger personal details contained in the list of Passengers change, the Principal is obliged to report this change to the Broker at the latest 24 hours before the date of the Flight.

       

  3. Payment
    1. The payment for the Flight will be payable to the account specified in the Air Charter Agreement or by the payment card through the external payment operator, on the date, amount and currency indicated therein. The contract is concluded under the condition that the entire Remuneration is paid within the deadline specified in point 3.4. Regulations. Failure to pay Remuneration in due time before the date of flight commencement excludes any liability of the Broker and the Operator for non-performance or improper performance of the charter of the aircraft.
    2. At the request of the Ordering Party, the remuneration may be paid in a currency other than the currency of the indication in the aircraft charter Agreement. In such a case, the Principal shall notify the Broker of the wish to pay remuneration in another currency, and the Broker shall make an appropriate amendment to the Contract for the charter of the aircraft. The contract shall be deemed concluded when the amount specified in the currency changed indicated by the Broker.
    3. The fee includes all taxes and fees related to the Flight, including navigation fees, handling fees including passenger charges at the departure ports, fuel, landing fees, transfer of the crew to the hotel from the airport and from the hotel to the airport, accommodation at the hotel, standard meal served on board during the flight (catering).
    4. The fee does not include the costs of obtaining visas and other costs required locally, customs control costs, customs duties, immigration fees, cargo insurance, fees for using additional equipment necessary for loading, and other fees and taxes payable in connection with the carriage of Passengers and their Luggage, costs additional insurance needed to perform a flight over threatened areas, telephone calls from the plane and other charges incurred by the Operator in connection with the performance of the contract. The costs of the above activities or services will be charged to the Principal.
    5. The payment does not include de-icing and anti-icing. If, due to weather conditions or local requirements, a deicing or anti-icing procedure is required, the Principal will be obliged to cover these costs within 7 days of receipt of the relevant accounting document constituting the basis for payment of the amounts requested.
    6. If the Principal requests the change of Flight parameters before the date of the Flight, in particular the flight date or route, as well as the number of Passengers, the Broker shall, if possible, amend the Aircraft Charter Agreement after confirmation with the Operator. In this case the Customer is obliged to cover all costs related to the change of the Flight. The amended aircraft charter contract comes into force, on condition of payment of the difference in remuneration and any additional costs related to the change of the booking, not later than by the date of the Flight.
    7. If it is not possible to perform a Flight for any reason, including due to technical problems, airplane breakdowns, weather conditions, or other reasons beyond the Operator's control, the Broker will endeavor to make the Flight through another Aircraft or Operator. In the event that such a possibility exists, the Broker will inform the Principal of this fact and present the possible difference of remuneration due to the Broker. If the Principal accepts such a change, the amended Charter Charter Agreement enters into force on condition of payment of the difference in remuneration not later than by the date of the Flight. Failure to pay additional remuneration up to 24 hours before the date of departure means the termination of the aircraft charter agreement. In this case, the Customer will be reimbursed in full, but he is not entitled to compensation.
    8. If the Principal is entitled to any claim against the Broker, suitable for set-off, the deduction will not be considered a payment of the Payment.

       

  4. Terms of service
    1. Due to the fact that the Broker is only an intermediary and does not perform the transport service, each time with the terms of the Flight, the conditions of carriage set by the Carrier apply. Notwithstanding the foregoing, the following shall apply to the aircraft charter agreement.
    2. The departure time and duration of the Flight specified in the Aircraft Charter Agreement are sometimes indicative and may be subject to change due to the safety of the Passengers. The Operator is not responsible for the delay of the Aircraft resulting from circumstances not attributable to him, including in particular related to weather conditions, airport slots, en-route, de-icing and airport traffic, passenger delays, or related to technical problems of the aircraft.
    3. The Aircraft Commander may, in order to ensure the safety of Passengers, decide:
      1. limiting the permissible weight of transported Baggage,
        re-routing of the Flight, including the selection of an alternative landing airport (in case of adverse weather conditions or technical problems of the Aircraft),

      2. delay or change of departure date;

      3. in special cases, the cancellation of the Flight, in particular in the case of adverse weather conditions or technical problems of the Aircraft,

      4. and other issues related to Airplane and Flight.

        Decyzje Dowódcy Samolotu są wiążące dla Zleceniodawcy oraz Pasażerów

    4. In the event that Lot is delayed due to the fault of any of the Passengers, the Principal shall pay the Broker compensation in accordance with the costs incurred, within 7 days of receipt of the accounting note. The broker is entitled to demand a contractual penalty in the amount of 350 € for each hour of delay of the Flight due to reasons attributable to the Customer or any of the Passengers. This does not exclude the right to claim damages exceeding the amount of reserved contractual penalties, nor to waive the situation of the charter of the aircraft in such a situation.
    5. The Broker or Operator may, without liability to the Client or the Passengers, refuse to perform the Flight, interrupt the Lot or change its route, and remove the Passenger or his baggage, whenever it deems it justified, in particular when:
      1. This action is necessary for security reasons,
      2. Such action is necessary due to the applicable law of any state on the Flight route, country of departure or country of arrival,
      3. Behavior, physical or mental condition, or age of the passenger:
        1. require additional assistance from the Operator, which the Operator can not provide, or which has not been notified in the Inquiry and agreed with the Broker;
        2. is a threat to other passengers, crew members or things or may pose a threat to flight safety or public order;
        3. causes discomfort to other passengers or crew members;
      4. This is necessary due to non-compliance with the rules or orders of the Operator, Aircraft Commander or cabin crew;
      5. The passenger did not show up or did not pass through the required security check;
      6. The Passenger does not have an ID or other documents required to perform the Flight or after landing;
      7. The identity document provided by the Passenger looks unlawfully acquired or does not confirm the Passenger's identity;
      8. The Passenger is not on the Passenger List;
      9. the services conducting the Baggage Safety Check identified the presence of items not approved in air transport, if the Passenger refuses to remove these items from Luggage,
      10. The passenger is under the influence of alcohol or other intoxicants;
      11. The Passenger makes it difficult for his behavior to perform activities for Aircraft crew members,
      12. The passenger is completely or partially unfit or requires care, if it can not be provided by the client,
      13. The Passenger travels on the basis of a medical certificate allowing for travel, in the event of failure to provide the Aircraft Commander with a medical certificate allowing travel, or a health statement appropriate for air travel,
      14. The passenger is armed.
    6. If for reasons specified in point 5.5. above, Lot will not take place, will be interrupted or will be delayed or changed, the Customer is obliged to cover all damages of the Operator and the Broker resulting from this.
    7. The Ordering Party is obliged to comply with all norms and customs regulations related to public health, immigration regulations and other regulations of the country of departure, arrival and stopover.
    8. The Principal is obliged to notify the Broker each time, if the Plane is to be transported animals, and also if among the Passengers there are:
      1. Minors;
      2. People with disabilities or who require special assistance when getting on or off the plane;
      3. Pregnant women;
      4. People whose health condition requires constant medical care or may get worse during the flight;
      5. Diplomats and other privileged persons, for which separate provisions provide for a special inspection and baggage procedure.
    9. No notification in accordance with paragraph 5.8. may result in refusal to accept the abovementioned persons on board the aircraft or failure to provide them with appropriate services and can not be the basis for compensation claims of the Employer.
    10. The Operator may request from the Principal a medical certificate allowing a given Passenger to travel by air or a Passenger's statement confirming that the Passenger's health condition is appropriate for air travel.
    11. The operator may, for safety reasons, make Flight performance subject to the persons indicated in point 5.8. a) - d) from the requirement that they should be accompanied by another Passenger who is able to provide them with the necessary assistance.

       

  5. Baggage check-in
    1. The Customer is responsible for the timely arrival of all Passengers and their Baggage to the place of collection. The meeting point is specified in the Booking Confirmation, but it can be changed in special cases via SMS or e-mail. The changed collection point is binding for Passengers.
    2. All Passengers are obliged to appear at the meeting point in advance in order to pass the security and baggage check.
    3. Passengers are required to have a valid ID and other documents required in the country of departure, stopover and arrival.
    4. Failure to meet any of the above conditions excludes the responsibility of the Broker and the Operator for refusing to carry out the Flight or taking the Passenger on board the aircraft. In particular, the Broker is not obliged to change the flight date in such a situation. If the Broker decides to change the date of the Flight, the Ordering Party is obliged to bear all additional costs incurred by the Broker or the operator for that reason.
    5. In the event of any delay to the Flight, for reasons other than caused by the Operator, Broker or force majeure, the Client shall bear all costs of accommodation, meals, transport costs or other costs resulting from the delay. All such costs incurred by the Broker or the Operator should be covered by the Ordering Party. The above rules also apply in the event of the lack of admission of any of the Passengers to the country of arrival.
    6. As part of the flight, the Operator does not carry checked baggage. Passengers transported by Aircraft do not receive boarding passes for the aircraft.
    7. Passengers themselves identify their Luggage on the Plane before loading it onto the Aircraft. The Aircraft Commander is responsible for overseeing the identification of the Baggage by the Passengers. Luggage that has not been identified by any of the Passengers may not be loaded onto the Aircraft.
    8. The Customer is obliged to ensure, on their own, that the Passengers indicated by them acquaint themselves with these Regulations and meet all passport and visa requirements required for air transport. Passengers will be allowed to board the aircraft based on a written Passenger List.
    9. The acceptable weight limit of Baggage will be indicated in the Offer. the amount of Luggage, the maximum weight and its dimensions depend on the type of Aircraft and the number of passengers, taking into account the rules of flight safety.
    10. Passengers are not entitled to carry Luggage, which may pose a threat to the safety of the Flight, contain dangerous materials or not accepted for carriage by air. All Passengers are obliged to comply with the relevant legal regulations and Carrier's regulations regarding the rules of carriage of luggage

       

  6. Responsibility of the parties
    1. The Broker shall not be liable to the Orderer or the Passenger for any changes or cancellations of any Flight resulting from the Operator's actions or omissions. In this situation, the Principal may only direct his claims to the Operator.
    2. The Broker does not bear any responsibility towards the Principal for the Operator's failure or performance of obligations under this Agreement caused by force majeure, adverse weather conditions, labor disputes, strikes or blockades or any other reason beyond the control of the Broker or Operator, including accidents or breakdowns an airplane, its engines or any other part or any machinery or equipment used in connection with the Lot, as well as arising from the circumstances on the part of the Customer or any of the Passengers.
    3. The Principal shall be obliged to reimburse all costs incurred by the Broker or the Operator, which have been incurred in any way in connection with or as a result of act or omission of the Principal, Passengers or their employees or associates.
    4. No claim for damage to Baggage can be claimed if the person authorized to claim the baggage did not lodge a complaint immediately after finding the damage and no later than within seven days from the receipt of the Baggage, and in the case of delay in delivery of Baggage within 21 days from the date of transfer of the baggage to the Passenger's disposal. The complaint must be in writing and be sent before the above-mentioned dates.

       

  7. Rules of behavior during the flight
    1. The carriage of Passengers is subject to the conditions of carriage specified in the Operator's regulations.
    2. The Principal shall release the Broker - with all claims, obligations and proceedings against them resulting from any act or omission of the Principal or any of the Passengers related to non-compliance with these Regulations, conditions of carriage specified by the Carrier, permits, permits, licenses or rights on the basis of which the Flight takes place .
    3. The Principal shall cover the damages caused by any of the Passengers during the Flight within 7 days from receipt of the relevant accounting documents.
    4. Smoking is not allowed on board the Aircraft.

       

  8. Termination of the contract
    1. The aircraft charter contract may be terminated without notice by the Operator or a Broker acting on his behalf, if:
      1. The Principal does not fulfill the obligation to pay any amount resulting from or related to the aircraft charter Agreement;
      2. The Principal has violated any of its obligations or provisions of the Aircraft Charter Agreement or these Regulations;
      3. The client has filed for bankruptcy or restructuring;
      4. Decommissioning has been initiated or any steps are being taken to liquidate or terminate the Principal;
      5. any of the Passengers will not be at the airport at the specified collection point at the appropriate time;
      6. the action of the Principal or any of the Passengers may negatively affect the reputation or image of the Broker;
      7. The Principal will not deliver the Passenger List within 24 hours before the date of departure;
    2. Termination of the Agreement for reasons specified in item 6.1. entitles Broker to demand a contractual penalty in the amount of 100% of remuneration. This does not exclude the Broker's ability to claim damages in excess of the contractual penalty. The Principal shall release the Broker from any claims related to the termination of the contract on the basis of the provisions of point 6.1. including claims of Passengers related to failure to perform the Flight.
    3. No occurrence of any of the Passengers in the place of collection specified in the Confirmation of the booking with the planned time of departure (no-show) will not result in the flight being suspended. In such a situation, the Operator, if possible, will wait for the Passenger up to 2 hours from the scheduled time of departure. If, due to the lack of timely delivery of all Passengers, the Flight will not take place, or will take place, however, all Passengers indicated in the Passenger List will not be transferred, the Principal will not be entitled to a claim for reimbursement of the remuneration paid.
    4. The Principal may withdraw from the concluded aircraft charter agreement without giving a reason. In the event of withdrawal from the Agreement by the Principal, the Broker has the right to demand the following contractual penalties:
      1. 30% of the payment specified in the aircraft charter Agreement - in the case of withdrawal from the Agreement no later than 72 hours before the planned date of commencement of the Flight;
      2. 50% of the payment specified in the aircraft charter Agreement - in the case of withdrawal from the Agreement not later than 24 hours before the planned date of commencement of the Flight;
      3. 100% of the payment specified in the aircraft charter Agreement - in the case of withdrawal from the Agreement later than 24 hours before the planned date of commencement of the Flight;
        The broker may claim damages exceeding the amount of the contractual penalty.
    5. An Operator, or a Broker acting on his behalf, may withdraw from the Agreement if it is not possible to perform a Flight for any reason, including due to technical problems, airplane malfunctions, weather conditions or other reasons beyond the Operator's control. Item 4.7. apply accordingly.

       

  9. Final Provisions
    1. This contract is subject to Polish law and the jurisdiction of Polish courts.
    2. All correspondence related to the implementation of the aircraft charter Agreement, unless the Regulations provide otherwise, should be drawn up in document form, otherwise being null and void. As a document form, the parties understand in particular the submission of a declaration of intent with the help of an e-mail, as long as it allows to identify the sender, as well as sending the scan of the accepted Offer signed by the Principal. To terminate or withdraw from the aircraft charter agreement by the Principal it is necessary to keep the written form under pain of nullity.
    3. The Principal may not assign any rights or obligations under the Aircraft Charter Agreement to a third party without the consent of the Broker.
    4. The right to compensation expires if no claim has been filed within two years from the date of arrival at the port of destination or within two years from the date on which the aircraft should have arrived or the carriage was interrupted. The method of calculating the above deadline is determined by the law of the competent court.