CHARTER TERMS & CONDITIONS to accompany a Charter Agreement - Airlift - Helicopter charter

CHARTER TERMS & CONDITIONS to accompany a Charter Agreement

The Charterer is obliged to pay the freight in advance upon the signing of the present agreement.

In case the Charterer does not pay in full the agreed freight on time, then the Carrier is entitled to terminate the agreement immediately and to request compensation for every loss or damage it may sustain because of the said termination.
With regard to the agreed freight, the Carrier is obliged to issue at first a temporary receipt and subsequently a final invoice.
The said freight is calculated on the basis of the taxes and charges in force and of the current cost of fuel etc. In case that between the date of signing of the present agreement and the date of execution of the same there is an extraordinary increase of the above taxes, charges and the general cost, which makes the execution of the agreement by the Carrier extremely onerous to it, then the latter retains the right to adjust the freight proportionately and to timely request from the Charterer the additional amount.
In case the Charterer cancels the flight, the Air Carrier is entitled to withhold or, in the absence of any payment in advance, to demand:
1. 30% of the charter price if the Charterer gives notice of cancellation more than 72 hours before scheduled departure time,
2. 50% of the charter price if the Charterer gives notice of cancellation less than 72 hours and more than 24 hours before scheduled departure time,
3. 100 % of the charter price if the Charterer gives notice of cancellation less than 24 hours before scheduled departure time,
In case the Carrier cancels the flight due to bad weather conditions, the total freight will be refunded to the Charterer.
In case the flight is (a) delayed at the point of departure or at any other point en route, and the said delay is due to any act or omission of the Charterer, the Carrier agrees to postpone the flight for a reasonable time, beyond which the Carrier is entitled to terminate the agreement and therefore the flight immediately, and the Charterer is obliged to pay 100% of the agreed freight (b) not concluded for reasons not pertaining to the Carrier, then the Charterer is obliged to pay 100% of the agreed freight.
The Charterer is aware of the General Terms of the present charter party agreement which follow attached hereunder under B, and which it fully accepts.
The Charterer hereby explicitly guarantees that the Personal Data of Passengers have been collected and are processed in compliance with the provisions of the GDPR Regulation and the applicable legislation and that he has notified the Passengers of the “Notice for the protection of Personal Data of Passengers” under C herein below, as an integral part of the Charter Agreement, and has obtained consents where necessary. The Charterer guarantees that he is entitled to transmit such Data to the Carrier, that the Data is relevant, accurate and up to date and he will hold the Carrier harmless of any claim that may arise against the latter as a result of the Charterer’s violation of its obligations as to the Passengers as Data Subjects
The Courts of Athens have jurisdiction over any and all dispute which may arise from the interpretation and/or the application of the present agreement.
The terms of the present agreement constitute the whole agreement of the parties. Any amendment or addition thereto will be proved only in writing.
In witness to the hereinabove, the present agreement was drafted in two counterparts, one for each contracting party.

(Upon conclusion of the Charter Agreement signatures of Carrier and Charterer are sought)

B.GENERAL TERMS

The amount of freight includes the following individual charges: operational cost and maintenance cost of the helicopter, crew remuneration, third party insurance cover for bodily harm and property damage to passengers and luggage in the framework of international treaties, landing fees, transfer to hangar, parking fees, ground and any other service fees relating to the helicopter, handling fees for passengers and luggage. Other expenses or charges beyond those mentioned hereinabove are not included. Also, TEEA (fees for the modernization of the Greek airports) wherever these maybe required are not included and burden the Charterer.
In case that, due to mechanical problems or to a failure of the Helicopter, its airworthiness may not be reestablished and the Helicopter may not depart on the agreed time and/or within a reasonable time there from, or to continue its route, the Carrier will make every possible effort to put another helicopter of the same type, by preference, at the disposal of the Charterer, in which case the latter will be obliged to pay in full the agreed freight. Otherwise it retains the right to annul the agreed flight, so that the Carrier is obliged to return the down payment made or the freight which corresponds to the flight which was not realized.
The Carrier is entitled to amend the flight schedule, to reduce the available space of the helicopter, the maximum weight of the total cargo, only if this amendment is made absolutely necessary for reasons beyond the Carrier’s control.
The Charterer may not assign his rights and obligations from the present contract to a third party without the previous consent of the Carrier.
The Charterer is entitled to use all the available space of the helicopter during the above agreed flight, in accordance with the number of chartered seats and the common area corresponding thereto. Space which is not taken up by the Charterer may be used by the Carrier for the transportation of its crew or cargo thereof. The Carrier is entitled to charter to another party the space of the helicopter which has not been chartered in the framework of the present agreement.
The Carrier is responsible for the completeness and due filing with the authorities of all the documents relevant to the realization of the flight. The Charterer is obliged within the latest forty-eight (48) hours before the realization of the flight to deliver to the Carrier all the necessary documents with regard to passengers, luggage and cargo.
The Carrier is obliged to submit all the relevant applications before the competent airline authorities so that the necessary permits be issued with regard to the realization of the flight.
The Carrier is responsible for the drafting, issue and submission to the airline authorities of the required passengers’ declarations.
No change to the flight plan or schedule, as this has been agreed upon by virtue of the present agreement, may be effected without the consent of the Carrier. If the Carrier consents to the said amendment then the Charterer will be obliged to pay to the Carrier any additional cost, which may burden the Carrier because of the said amendment, e.g. fuel.
The Carrier bears no responsibility for any loss or damage of the Charterer due to a cancellation of the flight or to its delay which is due to a force majeur event.
The Charterer agrees that the pilot of the helicopter will have full power with regard to the resolutions which are necessary for the safety of the helicopter, the passengers, the crew and cargo. More specifically, the pilot will have absolute discretion and decision-making power with regard to the passengers, the loading and distribution of cargo, the storage, the disembarkation of passengers and unloading of cargo. He will also have final decision-making power with regard to the weather and as to how the flight should be realized, if the agreed route may be followed and where the final or intermediate landing will be effected.
The Charterer recognizes that the Carrier operates in accordance with the Air Operator’s Certificate and the License to Operate which has been awarded to the latter by the Civil Aviation Authority, and that the transportation of passengers and luggage is effected in the framework thereof and of the relevant applicable regulations of the Civil Aviation Authority and the Joint Aviation Authority.
Also, the liability of the Carrier with regard to an event of death, bodily harm or delay to passengers, of damage or loss or delay with regard to their luggage, is subject to and is limited by the applicable Greek legislation and international treaties.
The Charterer is obliged to apply the law provisions and the provisions of the relevant regulations of the competent authorities regulating air transport, to abide with the safety rules and to secure the issue of necessary permits for the transportation of passengers and cargo, where such issue is required.
Any and all obligations of the parties which are agreed upon in the present agreement, are subject to the Greek and community legislation in force at all times, to the Civil Aviation code and to the relevant regulations which are applicable in the present charter party agreement and transportation.
In case of culpable breach of the terms of the present agreement by any of the contracting parties the other party is entitled to terminate the agreement immediately without excluding claims for damages.
Notice for the Processing of Personal Data according to the General Data Protection Regulation for the EU 679/2016 Declaration of Protection of Personal Data of Passengers under a Charter Agreement

«AIR LIFT AVIATION COMPANY SOCIETE ANONYME» (hereinafter «AIRLIFT»), being strongly committed to protecting your privacy, will make efforts to protect your Personal Data in accordance with the following Privacy Notice (“Notice”).

Personal Data collected by AIRLIFT and Source

In accordance with applicable laws, AIRLIFT collects and processes Personal Data about you, including the use of automated means. The types of Personal Data that AIRLIFT collects and processes about you depends on your relationship with AIRLIFT, as well as applicable laws, but may include the following categories of information:

Identity data, which include your first and last name, the name of father/mother, marital status, title, date of birth, gender, user name.
Communication data, home address, business address, delivery address, billing address, e-mail address, telephone number
Financial data, bank account number, credit/debit card number
Technical data including IP protocol address, entry data, browser data.
Data of use, regarding the way you use our services
Special category personal data, such as data regarding your health (medical record, drug use, Social Security Number AMKA etc.) and any other data which may be deemed necessary on a case by case basis, if the flight refers to patient transport.

This information may come directly from you when using our services (either these services are provided directly by us, or by other companies acting on our behalf or their provision is agreed upon through third parties acting on their own or on our behalf) when you travel with us, or through sources in the public sector or of third parties. You must inform us on any change in your personal data.

Legal Basis for Processing

AIRLIFT processes Personal Data based on the following:

The processing of your Personal Data may be necessary in order to comply with the applicable law, regulations, decisions and orders of public and administrative authorities and organizations, or for the performance of your Agreement, in the framework of the protection of AIRLIFT lawful interests and the assurance of your service. You may not be able to opt-out of this processing, or your choice to opt-out may impact our ability to comply with the Agreement and to fulfill our obligations.

In certain cases AIRLIFT may ask for your consent in order to process your Personal Data. You have the right to withdraw your consent at any instance, as described in the “How to Reach Us” section. Please note that the withdrawal of consent and the exercise of the right to object to the processing of personal data, will not affect processing which has already occurred and may result to AIRLIFT not being able to fulfill its obligations under the Agreement.

How AIRLIFT uses Personal Data

AIRLIFT and/or its affiliates may process Personal Data about you for administration, management reasons, statistical analysis, payment, internal evaluation and/or in order to comply with the Agreement with you and perform its obligations.

With Whom AIRLIFT shares your Personal Data

Personal Data about you may be shared by AIRLIFT with its affiliates for the purposes stated above. AIRLIFT and/or its affiliates may engage service providers, agents, contractors or other third parties (“Third Parties”) to perform services for or on its behalf, including, but not limited to, the Processing of Personal Data about you for the purposes stated above, and, as a result, AIRLIFT and/or its affiliates may share Personal Data about you with such Third Parties.

AIRLIFT preserves the right to share your Personal Data with service providers, which provide to AIRLIFT support services and to third parties, such as aviation companies, airport handling services companies, customs authorities, immigration authorities, travel agencies and to companies providing assistance in airports and in the take- off and landing fields. AIRLIFT has executed appropriate contracts with such Third Parties that define the legitimate use or sharing of Personal Data in accordance with this Notice. Furthermore, as provided by law AIRLIFT may notify your data to public authorities, to judicial and independent authorities, further to legitimate request on their part, as long as this is necessary for the protection of legal rights or the performance of AIRLIFT obligations.

In special cases of patient transfers the special category personal data are shared with those parties as necessary for the performance of the transport, including the accompanying doctor, the pilots, the employees of the competent departments of AIRLIFT and its affiliates, the competent people in the fields of take- off and landing and generally to any party who must be informed of the situation of the patient, in order to ensure its safe and due transfer. In such cases, AIRLIFT takes care and stresses the confidentiality of such data to the recipients thereof. Such data is not processed further and beyond the specific reason for which it is initially collected.

Some of the companies of the group where AIRLIFT belongs and/or some of the service providers and generally the aforementioned Third Parties, may be located in countries outside of the European Economic Area (“EEA“), whose laws may not afford your Personal Data the same level of protection. AIRLIFT will ensure that all adequate safeguards are in place and that all applicable laws and regulations are complied with in connection with such transfers.

How AIRLIFT protects your Personal Data

AIRLIFT will take reasonable and appropriate physical, administrative and technical safeguards to protect your Personal Data about you from loss, misuse, unauthorized access, disclosure, alteration or destruction.

Your Rights

Individuals in the EU have certain data subject rights which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of their Personal Data; (ii) obtain restriction of processing or to object to processing of their Personal Data; and (iii) the right to data portability. If you wish to exercise one of the above mentioned rights, please use the contact information below. Individuals in the EU also have the right to lodge a complaint about the processing of their Personal Data with their local data protection authority.

How long AIRLIFT retains the Personal Data

Personal Data will only be stored for as long as necessary for the purposes for which it was collected subject to local laws and regulations and legitimate business needs.

How to Reach Us

You can contact us in order to exercise your rights, make inquiries or submit complaints concerning the processing of your Personal Data by ARILIFT. AIRLIFT will take appropriate steps to address requests, inquiries and complaints. AIRLIFT will respond to such requests within thirty (30) business days.

Communication details: postal address: 124 Megaridos Avenue, Aspropirgos, 19300 Greece E-mail address: sales@airlift.gr

Important Information

The Hellenic Data Protection Authority is responsible for assuring that the legislation on the protection of personal data is respected in Greece. For more information regarding your rights, or if you cannot solve a problem directly with us and you wish to file a complaint, contact the Hellenic Data Protection Authority, offices: 1-3- Kifissias, Postal code 115 23, Athens, call centre +30-210 6475600, Fax: +30-210 6475628, e-mail: contact@dpa.gr.

DECLARATION OF CONSENT TO THE PROCESSING OF PERSONAL DATA AND

SPECIAL CATEGORIES OF PERSONAL DATA sought at the conclusion of a Charter Agreement

I declare that I have been expressly informed of the processing of personal data and special categories of personal data that AIRLIFT carries out. I have been informed of my rights and I recognize that the processing of my data is absolutely necessary for the performance of the contract that I wish and I give my explicit consent to AIRLIFT for the processing of my data. I recognize that not providing my consent or the withdrawal thereof in the future and depending on the time of the exercise thereof, will have as a consequence either that the contract is not completed or the inability of AIRLIFT to fulfill certain obligations arising out of the contract.

At the conclusion of the Charter Agreement the following is sought:

Date/ Place of signature/ Signature of Passengers/ first & last name
For minors, the persons having their custody sign: First & last name of minor / First & last name of person having its custody / Signature
For the patient who is not in a position to sign, the person acting on its behalf according to the law signs: First and Last name of patient/First and last name of person acting on its behalf/ Signature