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General Terms and Conditions

Silver Flight B.V. General Terms and Conditions 

Date: 04-10-2021

Terms & Conditions Silver Flight B.V. 

• Our price in Euro includes all costs as stipulated in Clause 5 of Silver Flight's General Terms and Conditions available at https://silverflight.nl/en/home/terms 

• The price includes standard catering which may vary according to location, number of passengers, time and duration of the flight. Preferences and requests are respected if practically possible and cost is within budget. The price does not include upgraded catering, such as fancy foods like specific beverages as well as extravagant wholesome food. Also not included is food that complies with specific religious guidance (kosher, halal, et al). 

• Aircraft de-icing cost as well as passengers’ ground transportation costs are not included. 

• Any special request will be invoiced separately. 

Schedule:
We kindly inform that the flight schedule may be subject to weather and airport conditions and other unforeseen circumstances, which Silver Flight cannot be held responsible for. See Clause 10-12 of Silver Flight’s General Terms and Conditions. Please be advised that in order to maintain the planned departure time, passengers are requested to arrive at the departure location 30 minutes prior to the departure (check-in time). In case of a possible delay please inform one of crew members or Silver Flight's representative. 

DGR:
Please note that transport of dangerous goods (including, lithium batteries, flammable liquids, compressed gases, guns and ammunition) is strictly prohibited. A comprehensive DGR list can be found here https://www.iata.org/en/publications/dgr/ 

Pets:
Animals are only carried with the prior approval of Silver Flight. 

Documents:
Passengers are obliged to have the necessary travel documents, which include valid passport, all necessary visas as well as medical certificates (if required). 

IMPORTANT: 
It is a requirement that  full passport information will be provided for every passenger travelling, not less than 48hrs prior to departure. This also allows  correct calculation of Airport Passenger Duty where applicable. The number of passengers and their details cannot be altered without the prior consent of Silver Flight. For changes less than 48 hours prior departure, separate arrangements with Silver Flight need to be arranged and agreed.

General Terms and Conditions Silver Flight B.V. (09-06-2021)

SCOPE OF APPLICATION / DEFINITIONS

Clause 1. Scope of Application
These General Terms and Conditions apply, unless otherwise agreed in writing, to all flights which are booked at or carried out by Silver Flight.

These General Terms and Conditions are available from Silver Flight and are accessible on the Silver Flight Website.

Clause 2. Definitions
Within these conditions and except as otherwise provided for herein, the following terms are used with the meaning given below:

Aircraft means a Pilatus PC-12, a Pilatus PC-24, or an at the sole discretion of Silver Flight similar aircraft.

Charter Agreement means the Charter Agreement stating the contractual obligations between Flight between Silver Flight and Charterer. The Charter Agreement may be considered similar to a non-transferable ticket.

Charterer means a natural person or a judicial person, including but not limited to a corporation, company, association, firm, partnership, society, joint-stock company, or governmental authority. Charterer also includes a trustee, receiver, assignee, successor, or similar representative of the natural or judicial person which entered into a Charter Agreement.

General Terms and Conditions means these General Terms and Conditions Silver Flight B.V.

Silver Flight means the limited liability company Silver Flight B.V., incorporated under the laws of The Netherlands and having its statutory seat and registered office in (1117 BD) Schiphol-Oost, The Netherlands, at the Thermiekstraat 58, registered under number 75035448 in the Dutch trade register of the Chamber of Commerce.

Silver Flight Website means www.silverflight.nl.

Standard catering includes hot and/or cold drinks and simple snacks, to be determined by Silver Flight and depending on location, number of passengers, time and duration of the flight.

AIRCRAFT AND CREW

Clause 3. 
Silver Flight shall provide an airworthy, fuelled and crewed Aircraft for the Charterer. Silver Flight can without price reductionuse other similar aircrafts to carry out the agreed flight.

Clause 4.
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, PAYMENT, OTHER COSTS, CANCELLATION

Clause 5. 
The price includes all costs as described in the first column of Appendix I, unless otherwise agreed. However, any other costs (hereafter: “Other Costs”), including but not limited to the costs mentioned in the second and third column of appendix 1, the costs as mentioned in clause 6 or any charges of operational character, shall be invoiced net according to clause 7. 

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 agreed price is due 3 days before the flight. Upon Payment later than 3 days before the flight, Silver Flight will be entitled to cancel the flight at its sole discretion and the Charter Agreement will then be considered void.

Clause 6.
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. 

Clause 7.
The Charterer is liable for payment of Other Costs. If Silver Flight has had any Other Costs the Charterer shall reimburse Silver Flight for such Other Costs. Failing payment within the applicable payment term, the Charterer shall automatically become due legal interest in accordance with the Dutch Civil Code. The Charterer is liable for all judicial and extra-judicial collection and other costs reasonably incurred by Silver Flight as a consequence of the Charterer’s non-performance of its obligation to pay.

The charterer is liable for any damage to the cabin which arose during flight.

Clause 8.
If the Charterer cancels a booked flight, Silver Flight is, unless otherwise agreed in writing, entitled to the following Charterer cancellations charges:

  • 10% of the agreed price with a minimum of EUR 750 when cancelled 10 days or more prior to departure; 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.

OBLIGATIONS OF THE CHARTERER

Clause 9. 
The Charterer shall timely provide all necessary information and travel documents mandatory by applicable law at least 48 hours prior to departure of the flight. It shall be the responsibility of the Charterer to ensure that these properly completed travel documents are delivered to all passengers and shippers in accordance with applicable law, and that all passengers and shippers comply with the provisions of such travel documents. The Charterer agrees that, in order to ensure the safety of the Aircraft, passengers, crew or cargo, the captain of the Aircraft shall have absolute discretion to take decisions concerning the operation of the Aircraft.

The Charterer shall be solely responsible for and shall ensure that passengers, their luggage / baggage and any cargo shall be at the specified check-in point at the departure airport not later than check-in time and that all passengers possess all travel documents mandatory by applicable law and all necessary identity documents, visas and other documents required by the authorities of states of departure, transit and arrival of the flight for the transportation of them, their luggage / baggage and any cargo.

THE FLIGHT, CANCELLATION, FORCE MAJEURE, ETC.

Clause 10.
The completion of the flight is conditional upon that all necessary permits including take-off clearance, over flying clearance, landing clearance can be obtained. 

Clause 11.
Silver Flight reserves the right to postpone, cancel or reroute the flight, if the flight cannot be completed as expected due to war, riots, civil commotion and the like, sabotage, strike, blockade, lockout, local industrial conflicts, quarantine, hijacking, acts of terror, requisition, confiscation, retention or other force majeur 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 12.
If Silver Flight cancels a flight due to conditions mentioned in clause 10 and 11, 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 10 and 11, Silver Flight shall refund the Charterer a pro rata amount. Silver Flight is in no way liable for ensuing transportation costs or other costs, which are laid on the Charterer as a consequence of the cancellation.
 

DAMAGE, DELAY, LIMITATION OF LIABILITY, ETC.

Clause 13.
The liability of Silver Flight for death, personal injury, loss of or damage to registered luggage / baggage, loss of or damage to goods and delay is regulated by (1) the Council Regulation (EC) no. 2027/97 regarding air carrier liability in the event of accidents with later amendments, particularly the European Parliament and Council Regulation (EC) no. 889/2002, and (2) Title 16 Book 8 of the Dutch Civil Code. 

The liability of Silver Flight is besides limited to what the Charterer has paid for the 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 (EC) no. 899/2002 (Appendix II). 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 (Appendix II) and below provisions. 

The liability of Silver Flight according to Title 16 Book 8 of the Dutch Civil Code regarding death and personal injury is unlimited, however, liability exceeding SDR 128 821 is rejected or limited by Silver Flight in the case, in which Silver Flight can prove that Silver Flight or its employees have taken alle necessary and possible precautions in order to avoid the damage. Silver Flight can wholly or party be exempted from liability if Silver Flight proves that the damage wholly or partly is caused by the claimant. The liability of Silver Flight is according Title 16 Book 8 of the Dutch Civil Code limited to: 

A.     Delay: 5 346 SDRs (approximately EURO 6 321) per passenger;

B.     Luggage / baggage: 1 228 SDRs (approximately EURO 1 523) per passenger.

Luggage / baggage 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 14.
It is not permitted to bring forbidden substances and dangerous goods during flight. Dangerous goods include, but are not limited to, compressed gasses (combustible, non-combustible and toxic), corrosive agents, wet cell batteries, explosives, weapons, ammunition, fireworks, combustible liquids, paint, lighter gas, matches, bleaching agents, magnetic materials, oxidizing liquids and radioactive materials.

Clause 15.
Any questions regarding the interpretation and the understanding of these General Terms and Conditions, the Charter Agreement or other agreements between the parties including its 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, location Haarlem, shall have exclusive jurisdiction to deal with any disputes arising hereunder.

Clause 16.
Silver Flight cannot be held responsible for errors and / or misprints, omissions or misinformation. 

SPECIAL CONDITIONS, LEGISLATION, ETC.

Clause 17.
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 Charter Agreement 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 6 and 7 Silver Flight is not liable to cover expenses related to any such inadmissibility, deportation or revocations of visas from the US authorities. 

CARGO

Clause 18.
Silver Flight reserves the right, without assuming any liability to refuse carriage of cargo in any circumstances whatsoever, including but not limited to, where:

  • Transportation or exportation or importation of the cargo is prohibited by the laws of any country from, to or over which the Aircraft is to be flown.
  • The cargo is packed in a manner unsuitable for carriage by air.
  • The cargo is not accompanied by the required shipping documents.
  • The cargo is likely to endanger Aircraft, persons or property.

Dangerous goods, perishables, fragile goods and other special cargo are only acceptable with approval in advance from Silver Flight.

In the carriage of cargo, the liability of Silver Flight in the case of destruction, loss, damage or delay is according Title 16 Book 8 of the Dutch Civil Code limited to: 

-        22 SDRs per kilogramme. 

GENERAL DATA PROTECTION REGULATION’S PRIVACY POLICY

Clause 19.
Silver Flight collects, uses and discloses Customer Data in order to provide customers / passengers with a safe, smooth, efficient and customized experience with Silver Flight. The collection, use and disclosure of Customer Data enables Silver Flight to provide services and products that are most likely to meet passenger needs and requirements. 

Customers have several rights here among to see stored data, correct stored data and have their data deleted. In this case please contact Silver Flight. 

By continuing to use Silver Flight’s services, you signify that you have read, understood and agree to be bound by this Privacy Policy as amended from time to time in respect of Silver Flight’s collection, use and disclosure of your Customer Data. The full privacy policy is disclosed on https://silverflight.nl/nl/Privacy-Policy. Brokers and agents confirm that they will inform final customers / passengers of this privacy policy as soon as possible and no later than 30 days after providing Customer Data to Silver Flight.

APPENDIX I

APPENDIX II

Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100 00 SDRs (approximately EURO 118 230) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16 000 SDRs (approximately EURO 18 917).

Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4 150 SDRs (approximately EURO 4 907).

Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 000 SDRs (approximately EURO 1 182).

Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1 000 SDRs (approximately EURO 1 182). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at passenger’s disposal.

Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.

Contact

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