These Charter Terms & Conditions are an integral part of the agreement between IstJet Aviation & Trading S.A. (hereinafter ‘’IstJet’’) and the Customer for any or all Charter Flights provided by IstJet for the Customer, pursuant to a certain Charter Quotation (hereinafter ‘’Quote’’) and these Charter Terms & Conditions. These Charter Terms and Conditions and the Quote shall be contrued as the Agreement.
1. SCOPE
The scope of the Agreement is for the transport of passengers and/or non-dangerous and non-prohibited goods from the point of departure to the point of destination as stated in the applicable Quote. IstJet shall provide for the Customer’s sole use the Aircraft, manned and equiped for the performance of the Charter as specified in the Quote.
2. COSTS
The costs indicated in paragraph #2 of the Quote will be covered by IstJet; any and all other costs, fees, charges or penalties, subject to the terms of the Agreement, are payable by the Customer.
3. PAYMENT
IstJet may require payment in advance with respect to any flight. If full or partial credit is granted for any trip, payment will be due within 15 days from the date of the first leg of the flight. Major credit cards will be accepted for payments, however, the Customer will be charged an additional handling charge of 5%. All payments must be settled in cash in the currency specified in the Quote. Any late payment shall incur the late fee of 10% per annum.
4. FORCE MAJEURE
IstJet will not be deemed to be in breach of its obligations hereunder or have any liability for any delay, cancellation or damage arising in whole or in part from any act of nature, acts of civil or military authority, strike or labor dispute, mechanical failure, lack of essential supplies or parts or for any other cause beyond the control of IstJet; provided, however, that if a trip is terminated prior to completion, due in whole or in part to any such case, IstJet will refund to Customer all payments previously received with respect to such trip, other than the cost attributable to transportation therefore performed and such transportation as may be necessary to return charter flight passengers to their original airports of departure. If Customer’s trip is terminated prior to completion and IstJet provides Customer with another aircraft to continue Customer’s itinerary, then Customer will reimburse IstJet for the additional costs, if any, incurred over and above the original price quotation, to provide Customer with a replacement aircraft.
5. SUBSTITUTION OR SUBCHARTER OF AIRCRAFT
If the Aircraft shall for any reason become incapable of undertaking such transport of passengers or goods as was contemplated at the time of the Agreement, IstJet may at its discretion substitute for such aircraft as nearly as may be capable of undertaking such transport. If IstJet does elect to substitute an aircraft as aforesaid then the provisions of this Agreement relating to the Aircraft shall apply equally to the substituted aircraft. If IstJet does not elect to substitute another aircraft, it shall notify the Customer as soon as possible and shall be relieved of its obligations to provide the aircraft for the journeys which can no longer be undertaken by reason of the incapacity of the Aircraft and IstJet shall not be under any liability to the Customer other than the liability to refund to the Customer such part of the payments previously recieved from the Customer which relates to the leg, carriage or journey(s) so cancelled and IstJet’s certification of such amount shall, save in the case of manifest error, be conclusive.
6. CAPTAIN’S AUTHORITY
The captain of the aircraft shall have absolute discretion to decide what load, including the number of passengers, which may safely be carried in the Aircraft on any particular flight and how such load shall be distributed, whether and when a flight may safely be undertaken and when and where the Aircraft shall take off or land. The Customer to be carried on any flight under the Agreement, agree to follow in all respects the directions and instructions of the captain and crew of the Aircraft. Further, the Customer hereby acknowledges and confirms that all directions or instructions given by the captain or crew pursuant to this clause 6 shall be binding on the Customer and that IstJet may terminate this Agreement without further notice if any passenger fails to comply with any such directions or instructions. IstJet shall not be liable to the Customer or any other party whatsoever for any loss, damage, costs or claims of whatsoever nature and howsoever arrising as a result of any decision or action taken by IstJet pursuent to this clause 6.
7. DELAYS
If any delay in the commencement or completion of any flight is caused, directly or indirectly, by the Customer, the Customer shall pay IstJet for such delay at the hourly rate specified in the Quote, in addition, the Customer understands and agrees that if the delay occurs prior to departure, then IstJet shall be entitled to cancel such flight (without prejudice to any claim IstJet shall have against the Customer of demurrage up to the time of such cancellation and the rights of IstJet hereunder)
8. TRANSPORTATION AND TRAVEL DOCUMENTS
All passengers have the obligation to comply with all entry and exit requirements (e.g. immigration, customs, agriculture, etc. ) at each destination of the itinerary. The Customers have to be in possession of a valid passport plus, where necessary, a visa. IstJet takes no responsibility in case of non-compliance of the Customer with any immigration custom’s requirements.
Should there be any surcharges, fees, fines or similar due to a non-compliance, the Customer will be billed for such costs. IstJet takes no responsibility with the regard to visa requirements of the Customer. Should there be any levy due to the lack of required entry documents of the Customer or cargo the Customer will be billed for such costs.
9. BAGGAGE AND DANGEROUS GOODS
The Customer shall not deliver for carriage, and IstJet shall not be required to carry on any flight, any article prohibited under the ICAO Dangerous Goods regulations or any other article prohibited by any applicable treaty, law or regulation of the country of registration of the Aircraft and of any country to, from or over which the Aircraft is flown (including, without limitation compressed gases, firearms, explosives, corrosives, flammable liquids or solids).
The Customer confirms that IstJet, any customs official, and any other duly authorised governmental or public official may inspect and examine any baggage or cargo belonging to any Passenger whether accompanied or not. Furthermore and without prejudice to the foregoing, IstJet may refuse to carry any baggage or other item considered by the Captain of the Aircraft or by any other responsible servant of IstJet to be unsuitable for carriage by air whether by its nature or any applicable laws, orders or regulations of any country flown from, to or over.
Passenger baggage weight and size is limited for flight safety reasons and varies according to aircraft type. Items determined by the crew to be of excessive weight or size will not be permitted on the Aircraft.
10. REFUSAL OF TRANSPORT
IstJet may refuse passengers transportation, at its own discretion and while retaining all rights and claims, for good cause, in particular, without limitation, if the mental or physical condition or the behaviour of the passengers represents a threat to safety or violation of law.
11. LIABILITY
IstJet shall not be liable for actions of other airlines, security clearence and handling companies and their vicarious agents, or for personal belongings left on board by the Customer.
In case of damages caused by the Customer to the Aircraft, the Customer shall be responsible for and/or liable to pay to IstJet any cost, charge, expense or other sums resulting from the immobilization of and/or any resulting repairs to the Aircraft.
12. CANCELLATION
In case of cancellation of any booked flight by the Customer, IstJet shall be entitled to receive, as liquidated damages not a penalty, the following:
10% of the Quote with immediate effect and if the cancellation notification is received until 96 hours prior to the scheduled departure time.
25% of the Quote if the cancellation notification is received between 96-72 hours prior to the scheduled departure time.
50% of the Quote if the cancellation notification is received between 72-48 hours prior to the scheduled departure time.
75% of the Quote if the cancellation notification is received between 48-24 hours prior to the scheduled departure time.
100% of the Quote if the cancellation notification is received less than 24 hours prior to the scheduled departure time or no show.
13. APPLICABLE LAW AND JURISDICTION
The Agreement and the signed Quote to which they are attached are subject to all applicable rules, regulations, approvals and certifications in effect from time to time these Terms & Conditions and the signed Quote to which they are attached shall be governed by the laws of Turkey. Any dispute arising out of or in connection with the Agreement shall be submitted to the exclusive jurisdiction of the courts of Izmir, Turkey; provided, however, IstJet may in its sole option bring action against the Customer in any other competent court.