Silver Flight B.V. General Terms and Conditions for business
Clause 1. Below general regulations apply, unless otherwise agreed in writing, for all flights which are booked at or carried out by Silver Flight B.V.
The term ‘Charterer’ refers to an individual, corporation, company, association, firm, partnership, society, joint-stock company, or governmental authority. It includes a trustee, receiver, assignee, successor, or similar representative of any of them that enter into an air charter agreement with Silver Flight B.V.
Air Charter Agreement (ACA) is a formal document stating the contractual obligations between Silver Flight B.V. and Charterer for a service to which a monetary amount shall be paid. The ACA may be considered similar to a non-transferable ticket.
Aircraft and Crew
Clause 2. Silver Flight shall provide an airworthy, fuelled and crewed aircraft for the Charterer. Silver Flight can without price reduction use other similar aircrafts to carry out the agreed flight.
Clause 3. The Captain of the aircraft is at all times entitled to reject passengers or goods, if it is deemed necessary according to the circumstances. The staff of Silver Flight is solely governed by the powers of direction of Silver Flight.
Price, Cancellation, Payment
Clause 4. The price includes all expenses regarding the flight, unless otherwise agreed. However, any unforeseen charges of operational character shall be invoiced net according to clause 6. Silver Flight reserves the right to use any free capacity including but not withstanding possible ferry flight legs of the aircraft including before, during or after the availability period without compensation to the Charterer or price reduction.
The ultimate owners of the Charterer are jointly and severally liable with the Charterer for any claim which Silver Flight may maintain towards the Charterer. The Charterer and the party (personally) placing the order guarantee by their order that the ultimate owners are informed of and have accepted this provision.
Payment of the full amount for the service is due 3 days before the delivery of service. Upon Payment later than the last duly date of payment of an invoice or the full amount 3 days before the delivery date of service, Silver Flight will be entitled to cancel the service at own discretion and the ACA will then be considered void.
Clause 5. The price does not include expenses which arise as a consequence of delay of passengers or goods prior to the commencement of the flight or prohibition against transport as a consequence of e.g. public or medical orders, bans, investigations or the like, and Silver Flight is in no way liable for any costs connected to this. The Charterer shall refund costs, which Silver Flight has been compelled to pay in the aforementioned connection. Silver Flight is further entitled to compensation for waiting time regardless whether it is due to conditions of the Charterer or not. Silver Flight is entitled to cancel the flight without neither compensation nor reduction of the agreed price when the aircraft has waited for more than 3 hours.
Clause 6. The Charterer is liable for payment of all extraordinary service fees and costs including but not limited to airport opening fees, de-icing, visas, taxi transfers and similar costs. If Silver Flight has had any expenses to this the Charterer shall reimburse Silver Flight for such expenses. Failing payment within the applicable payment term, the charterer shall automatically become due legal interest in accordance with article 6:119a of the Dutch Civil Code
Clause 7. If the Charterer cancels a booked flight, Silver Flight is, unless otherwise agreed in writing, entitled to:
- 10% of the agreed price with a minimum of EUR 750; or
- 20% of the agreed price when cancelled 9 - 7 days prior to departure; or
- 40% of the agreed price when cancelled 6 - 3 days prior to departure; or
- 60% of the agreed price when cancelled 2 days prior to departure; or
- 80% of the agreed price when cancelled 1 day prior to departure; or
- 100% of the agreed price when cancelled the same day or in case of no show.
The flight, Cancellation, Force Majeure etc
Clause 8. The completion of the flight is conditional upon that all necessary permits including take-off clearance, over flying clearance can be obtained.
Clause 9. Silver Flight reserves the right to postpone, cancel or reroute the flight, if the flight cannot be completed as expected due to war, riots and civil commotion and the like, sabotage, strike, blockade, lockout, local industrial conflicts, quarantine, hijacking, acts of terror, requisition, confiscation, retention or other force majeure of any kind, technical reasons, weather conditions or other conditions which are outside the control of Silver Flight, or when the security of the passengers or the crew is deemed in danger. Silver Flight is where mandatory legislation does not impede for this, not liable for damage or loss, which directly or indirectly is due to or arises in connection with abovementioned conditions.
Clause 10. If Silver Flight cancels a flight due to the conditions mentioned in clause 8 and 9, Silver Flight shall refund the Charterer any prepaid amounts regarding the flight in question. If Silver Flight partly cancels a flight, e.g. a certain distance due to conditions mentioned in clause 8 and 9., Silver Flight shall refund the Charterer a pro rata amount. Silver Flight is in no way liable for ensuring transportation costs or other costs, which are laid on the Charterer as a consequence of the cancellation.
Damage, Delay, Limitation of Liability etc
Clause 11. The liability of the company for death, personal injury, loss of or damage to registered luggage, loss of or damage to goods and delay is regulated by (1) the Council Regulation (EF) no. 2027/97 regarding air carrier liability in the event of accidents with later amendments, particularly the European Parliament and Council Regulation (EF) no. 889/2002, (2) the European Parliament and Council Regulation (EF) no. 261/2004 regarding compensation and/or assistance in the event of denied boarding, cancellation or major flight delays, and (3) the Regulations of Title 16 Book 8 of the Dutch Civil Code, Articles 8:1340 seqq.5.2. The liability of Silver Flight is besides limited to what the Charterer has paid for delivery, which the liability concerns, unless otherwise stated in mandatory rules. The aforementioned limitation does not apply upon deliberate actions. Silver Flight cannot on any terms be held liable for the loss or damage of the Charterer unless otherwise stated in mandatory rules. The aforementioned limitation does not apply upon deliberate actions. The liability of Silver Flight is described in the enclosed summary of the key provisions regarding the liability of Silver Flight, cf. the European Parliament and Council Regulation (EF) no. 899/2002. The summary cannot form basis for compensation claim or for interpretation of the provisions in the abovementioned regulations or in the Montreal convention. The Charterer is liable for that all passengers and consignors of goods have received or by other means know about the enclosed summary and below provisions. In that event carriage by us is governed by the Regulations of Title 16 Book 8 of the Dutch Civil Code, Articles 8:1340 seqq.5.2. The aforementioned conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
The liability of Silver Flight for loss of or damage to luggage/baggageis limited to: Euro 150 per passenger.
Luggage whose value exceeds the abovementioned amount should be specified to Silver Flight at the time of check-in against payment of a supplement to the price or be insured fully by the Charterer or the passenger prior to the flight. The Charterer shall indemnify Silver Flight for amounts paid according to this provision or for other compensation paid to passengers, consignor or consignees of goods or other, unless the incident which has caused the payment is due to error or neglect by Silver Flight.
Clause 12. It is not permitted to bring dangerous goods during flight. Dangerous goods include, but are not limited to, compressed gasses (combustible, non-combustible and toxic), corrosive agents, wet batteries, explosives, weapons, ammunition, fireworks, combustible liquids, paint, lighter gas, matches, bleaching agents, magnetic materials, oxidizing liquids and radioactive materials.
Clause 13. Any questions regarding the interpretation and the understanding of these provisions or agreements between the parties including this content, scope, termination, performance and any other dispute between the parties, shall be governed by and construed in accordance with Dutch law and the District Court of Noord-Holland shall have exclusive jurisdiction to deal with any disputes arising hereunder. Silver Flight has in spite of the present provision the right to use ordinary courts system if the dispute between the parties concerns non-payment of the due claim.
Clause 14. In the event of difference between the English and he Dutch text in these general provisions the Dutch text shall be conclusive. Silver Flight cannot be held responsible for errors and/or misprints, omissions or misinformation.
Special Conditions, Legislation etc.
Clause 15. For chartered flights going to or from the United States, the District of Columbia, or territories and possessions of the United States, local immigration legislation requires the Charterer agrees that the return portion of each ACA may be used to effect the passenger’s removal from the United States based on a finding of inadmissibility, excludability or deportability under 8 CFR 217.4. As mentioned in Clauses 5 and 6 Silver Flight is not liable to cover expenses related to any such inadmissibility, deportation or revocations of visas from the US authorities.