Preamble, Hans Jet has the exclusive right to market, quote and sell charter flights for the Pilatus PC-12, 9H- EHA, 9H-EHB or sub. The Operator is

Alliance Executive Jets Ltd (hereinafter referred to as “the Operator”), 33 Creekside Business Centre Level 2 Msida Road GZR 1402 Gzira, Malta. VAT No. MT1919-6521

The operator is authorised to change or alter these Terms and Conditions at any time without providing advance notice. Any amendments or additions to the Terms and Conditions shall become binding for all clients as soon as they are made available to the client by being published to the official website of Hans Jet.

1. Quotations and agreement:

1. Barring written stipulation to the contrary, every quotation and every arrangement reached with the Customer (whether in writing or verbal) is governed by these terms and conditions, which shall form an integral part thereof and shall take precedence by force of law over the Customer’s conditions of purchase. Any departure from or alteration to these terms and conditions requires the prior written agreement of the Operator and the Customer.
2. Quotations are valid for 7 days or one day before a scheduled flight (as applicable), except where stated otherwise in the quotation.
3. Prices, brochures, catalogues or proposals are noncommittal and without obligation on the part of the Operator The contractual agreement/arrangement with Customer comes into being at the moment when the Operator’s quotation is accepted in writing by the Customer, signed and submitted in person or returned by e-mail or other digital platforms including but not limited to WhatsApp or other messenger applications, to the Operator (or its representatives).
4. Specifications and price quotes are based on the currently applicable value for wages, materials, VAT rates and services. If these undergo changes beyond the control of the Operator, the latter is entitled to adjust the prices proportionally, provided it gives the Customer prior written notification of this.
5. Performance lead times are given by way of approximations and are not binding on the Operator unless they are really unreasonable and solely attributable to the Operator, time overruns, should they occur, may not give cause for dissolution of the agreement/arrangement reached with the Customer.
6. The price of any flight excludes: (i) de-icing of aircraft, (ii) special catering requests such as, but not limited to, caviar and special wines or spirits, (iii) special cargo requests, (iv) satellite phone and internet connection, (v) war risk insurance, (vi) ground transportation, (vii) credit card surcharges, and (viii) any other extra charge due to weather conditions or flight delays or diverted landings determined by Air Traffic Control or other relevant authorities. The cost of the above will be invoiced separately at cost after the flight has occurred and after receipt by the Operator o the invoice from the relevant supplier or service provider and immediately reimbursed to the Operator By the Customer.
7. the Operator reserves the right to charge a handling fee for such invoices.
8. Fuel Surcharge. The charter price quoted by the Operator is based on the IATA Jet Fuel Price Monitor (https://www.iata.org/en/publications/economics/fuel-monitor/) price per barrel ($/bbl) published at the time of booking confirmation. the Operator shall absorb fuel price increases of up to seven per cent (7%) above that reference price. Should the IATA Jet Fuel Price Monitor weekly average price per barrel increase by more than seven per cent (7%) between the date of booking confirmation and the date of the actual flight, the Operator reserves the right to invoice the Customer separately for the additional fuel cost attributable to the increase in excess of seven per cent (7%), calculated on a pro-rata basis relative to the fuel component of the charter price. The comparison price shall be the most recently published IATA Jet Fuel Price Monitor weekly average at the time of the flight. Any fuel surcharge invoice shall be issued in EUR at the ECB reference exchange rate on the date of invoice. This fuel surcharge clause applies exclusively to bookings confirmed more than seventy-two (72) hours prior to the scheduled departure time. For bookings confirmed within seventy-two (72) hours of departure, the fuel cost is fixed at the quoted price and no fuel surcharge shall apply. the Operator shall notify the Customer of any applicable surcharge in writing as soon as reasonably practicable prior to the flight.
9. Third-Party Disbursements and Administration Fee. Where the Operator arranges, procures or pays for any third-party services on behalf of the Customer, including but not limited to catering, ground transportation, hotel accommodation, permits, handling, cleaning or any other ancillary services, a disbursement administration fee of ten per cent (10%) of the net cost of such third-party services shall be applied and invoiced to the Customer in addition to the underlying cost. This fee reflects the administration, coordination and procurement work carried out by the Operator on behalf of the Customer. All such costs and the applicable administration fee will be invoiced separately at cost plus the said ten per cent (10%) upon receipt of the relevant supplier invoice.
10. Airport Fire Category Upgrades and Out-of-Hours Fees. Certain airports may require a temporary upgrade of their Rescue and Fire Fighting Services (RFFS) fire category in order to accommodate the aircraft type operating the Customer’s flight. Any costs associated with such fire category upgrade — including but not limited to additional fire crew, equipment standby fees or airport-imposed surcharges — shall be invoiced to and borne in full by the Customer. Similarly, where a flight operates outside the standard published operating hours of the departure or arrival airport, any out-of-hours (OOH) extension fees, ATC overtime charges, handling agent overtime, or curfew extension fees levied by the airport, air navigation service provider or any relevant authority shall be passed on to the Customer in full. The above charges are beyond the control of the Operator and will be invoiced separately at cost upon receipt of the relevant supplier invoice, subject to the disbursement administration fee set out above.
11. The flights covered by any arrangement and these terms and conditions are aircraft specific and are therefore subject to aircraft availability. the Operator reserves the right at any time to provide the Customer with another similar aircraft at the same cost should the booked aircraft be unavailable for any reason whatsoever. If no alternative aircraft can be found, the Operator further reserves the right to cancel any or all of the flights, and neither party shall have any claim or liability against the other in respect of such cancelled flight or flights other than the obligation for the Operator to return to Customer an amount equal to the amounts previously paid by Customer in respect of the relevant flight or flights, no interest accrued.
12. Passenger and Cargo Entry Documents. Passengers are responsible for ensuring that they have the necessary valid travel documents and visas for entering their destination. the Operator takes absolutely no responsibility with regards to compliance with the regulations governing passenger entry. Should there be any costs due to the lack of required entry documents of passengers or cargo, the Customer shall compensate the Operator for any such costs.
13. Baggage and Weight Limitations. Each aircraft operated by the Operator is subject to maximum payload and baggage capacity limitations in accordance with applicable aircraft operating limitations and regulatory requirements. Passengers are advised to declare the total weight and nature of their baggage at the time of booking. the Operator reserves the right to impose restrictions on baggage weight, size and quantity, and to off-load baggage where safety, weight-and-balance or operational requirements so dictate. Soft-sided luggage is strongly recommended for turboprop operations. the Operator shall not be liable for any costs or inconvenience arising from baggage restrictions imposed on safety or operational grounds. Any additional costs incurred as a result of excess baggage arrangements shall be borne solely by the Customer.
14. Prohibited Goods. Passengers are not permitted to have the following items and/or materials on board aircraft: explosives (ammunition, fireworks, flares); flammable liquids or gas; oxidising substances; toxic and infectious substances; corrosives substances; drugs; poisons; radioactive materials; magnetised materials and other materials on the list of the IATA Dangerous Goods Regulations.
15. No Smoking and No Vaping Policy. Smoking, including the use of electronic cigarettes, vaporisers or any similar devices, is strictly prohibited on board all aircraft operated by the Operator at all times, including whilst the aircraft is on the ground. Any passenger found to be smoking or vaping on board may be removed from the aircraft at the sole discretion of the pilot-in-command. the Operator reserves the right to invoice the Customer for any costs of decontamination, cleaning or repair resulting from a breach of this policy.
16. Passenger Medical Fitness. Each passenger is responsible for ensuring that he or she is medically fit to fly at the time of travel. Passengers who have recently undergone surgery, suffer from conditions that may be aggravated by flight, or who require special medical assistance are advised to seek medical clearance prior to travel and to inform the Operator at the time of booking. the Operator reserves the right to request medical clearance documentation and, in the interest of safety, to refuse carriage to any passenger whose medical condition may pose a risk to themselves, other passengers or the flight crew. the Operator accepts no liability for health-related incidents arising from undisclosed pre-existing medical conditions.
17. Passenger Conduct and Right of Refusal. the Operator and the pilot-in-command reserve the right to refuse carriage to, or to remove from the aircraft, any passenger who, in their reasonable opinion: (i) poses a risk to the safety, health or comfort of other passengers or crew; (ii) is or appears to be under the influence of alcohol or drugs; (iii) behaves in an abusive, threatening or disruptive manner; (iv) fails to comply with the instructions of the crew; or (v) whose carriage may constitute a violation of any applicable law or regulation. In such circumstances, the Operator shall bear no liability to the Customer or the relevant passenger for any resulting costs or losses, and the Customer shall remain liable for the full charter price.
18. Aircraft Cleaning. The Customer shall be responsible for ensuring that all passengers behave in a manner that does not result in the soiling, damage or excessive dirtying of the aircraft cabin, fixtures, fittings or equipment. In the event that the aircraft requires cleaning or remediation beyond normal post-flight standards as a result of the actions of any passenger travelling under the Customer’s booking, the full cost of such cleaning or remediation shall be invoiced to and borne by the Customer. The determination of whether additional cleaning is required, and the extent thereof, shall be at the sole discretion of the Operator and/or the operator. This includes but is not limited to deep cleaning required due to smoking or vaping on board (including residual odour and contamination of cabin surfaces), soiling caused by pets travelling on board, spillage of food or beverages, or any other act or omission by passengers resulting in a condition beyond normal wear. the Operator shall provide the Customer with reasonable documentary evidence of the cleaning costs incurred.
19. Carriage of Pets and Animals. The carriage of pets or animals on board is subject to the prior written approval of the Operator in each individual case and is not guaranteed. Requests to carry pets must be made at the time of booking. The Customer and/or passenger is solely responsible for ensuring that all required documentation, health certificates, import/export permits and any other regulatory requirements applicable to the carriage of the animal at the point of departure, destination and any transit point are obtained and complied with prior to the flight. The Operator reserves the right to refuse carriage of any animal at any time for operational, safety, hygiene or regulatory reasons, without liability. Any deep cleaning, deodorisation or remediation of the aircraft required following the carriage of pets shall be charged to the Customer in full in accordance with the Aircraft Cleaning clause above.
20. Sanctions. the Operator reserves the right to take whatever action that may be required to comply with any laws or regulations relating to any local and/or international sanctions and the enforcement thereof. It is noted specifically that should any arrangement entered into with the Customer, or a part or term thereof, result in a potential breach of any such laws or regulations relating to any local and/or international sanctions, the Operator shall have the right to terminate its arrangement with the Customer forthwith without any form of liability on its part.

B Indivisibility clause

All existing and/or future debt claims between the Customer and/or a company affiliated to and/or associated with the Customer, on the one hand, and the Operator and/or a company affiliated to the Operator, on the other, constitute a single economic whole. All obligations entered into by the Customer and/or a company affiliated to and/or associated with the Customer vis-à-vis the Operator and/or a company affiliated to the Operator are thus deemed to belong to one and the same indivisible business account. As a result of this clause the Customer and/or a company affiliated to and/or associated with the Customer shall be mutually jointly and severally liable for any liability owed by each one of them to the Operator

C Payment

1. The Customer shall make payment of the price by the time specified on the invoice but unless otherwise stated payment shall have been received in full by the Operator at least 72 hours from receipt of the invoice or 72 hours prior to departure whichever is earlier. The flight will only be firmly booked once the full price has been paid and the Operator shall be under no obligation to perform flights before payment by Customer of the full price. If the Customer fails to make any payments at the time and in the amount specified in the invoice, the Operator may, by written notice, terminate the flight/s / arrangement reached with the Operator with immediate effect. All payments shall be made by bank transfer to the bank account the details of which shall be stated on the invoice.
2. Every invoice that has not been paid (or has not been paid in full) on its due date shall be liable, by force of law and without prior notice of default, for payment of interest on arrears calculated at the highest interest rate established in implementation of article 26C of the Commercial Code (Chapter 13 of the laws of Malta) with respect to interest in the case of late payment transactions between undertakings. This interest will accrue from the invoice due date through to the date on which payment of the invoice has been made in full.
3. In the event of total or partial non-payment of the invoice on the due date without serious reasons, the debt balance shall be increased – without official notice of default being required for this and without prejudice to any possible lawsuit costs – by a lump-sum loss clause amounting to 10% of the sum total of the invoice or balances due, subject to a minimum of EUR 75 and a maximum of EUR 2,500, even where periods of grace have been granted. Such amount shall be increased and levied by way of pre-liquidated damages due in respect of such breach which pre-liquidated damages shall not be subject to an abatement by a court of law.
4. Currency. All prices quoted by the Operator are in Euro (EUR) unless otherwise expressly stated in the relevant quotation. Where a quotation is issued in a currency other than EUR, the applicable exchange rate for invoicing purposes shall be the European Central Bank (ECB) reference exchange rate published on the date of the invoice. Any bank charges, transfer fees or currency conversion costs incurred by the Customer in connection with payment shall be borne solely by the Customer and shall not reduce the amount received by the Operator

D. Transparency clause

If the agreement/arrangement between the Customer and the Operator is performed using an aircraft that does not belong to the the Operator fleet but is charted/hired from a third party, it is noted and specifically agreed between the parties that should any term or condition applicable as between the Operator and any third party be less favourable that the terms and conditions offered herein, then any liability (including but not limited to liability for any form of compensation) of the Operator under these terms and conditions towards the Customer shall be strictly limited in accordance with and up to the levels specified in the terms and conditions imposed by such third party.

While holding out, selling, providing, or arranging single entity charter air transportation to or from the United States, the Operator, may act either as foreign direct air carriers, or as air charter brokers classified as “foreign indirect air carriers” (as defined in 14 CFR Part 295) separately contracting with a direct air carrier or foreign direct air carrier.

E. Liability

1. The terms of EC Regulation 261/2001 (Passenger Rights Regulation) establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) shall not apply to these terms and conditions. The flights performed under these terms and conditions are not scheduled flights and offered to the Customer by the Operator on non-scheduled basis following a specific request made by the Customer in this regard.
2. The terms of the Montreal Convention on air carrier liability shall in the case of death, personal injury or loss or damage to luggage apply to the flights performed pursuant to the agreement/arrangement with the Customer. Any other liabilities arising pursuant to the performance of flight/s in terms of the agreement/arrangement with the Customer shall be solely and exclusively regulated by these terms and conditions.
3. the Operator may not be held liable for:
4. failure to fulfil its obligations as a result of force majeure or “extraneous cause”. In the case of extraneous cause and force majeure, even when they do not lead to permanent and/or total impossibility of performance, the Operator is authorised by force of law to suspend or unilaterally cancel its obligations, after having informed the Customer of this in writing. In that case it may not be held liable for payment of compensation, also not for late performance. The following are contractually denoted as constituting “extraneous causes” and force majeure (this list not being exhaustive): war, strike or lock-out, exceptional scarcity of raw materials or commodities, epidemic, pandemic, days of delay caused by the weather, exceptional weather conditions, snow, fire, natural and/or other disasters, theft, government decisions impacting on fulfilment of the obligations, the inability or unwillingness on the part of the supplier to deliver certain items, both when these “extraneous causes” or cases of force majeure occur at or in the vicinity of the Operator and at or in the vicinity of its suppliers.
5. the non-performance, part performance, defective performance, delay, inability, unwillingness, or any other default in the performance of any services supplied or to be supplied by suppliers of the Operator
6. Aircraft Safety and Unscheduled Maintenance. the Operator and/or the pilot-in-command reserve the right at any time to ground or withdraw any aircraft from service where this is deemed necessary for safety or airworthiness reasons, including unscheduled maintenance requirements identified before or during a flight. Any such grounding shall be treated as a force majeure event for the purposes of these terms and conditions. the Operator shall use reasonable endeavours to provide a substitute aircraft where possible, but shall bear no liability to the Customer for any costs, losses or damages arising from a safety or maintenance grounding, save for the obligation to refund amounts paid in respect of any cancelled flight.
7. a delay in the fulfilment of its obligations, insofar as this is not unreasonable and is not solely attributable to the Operator
8. Any consequential loss that the Customer may incur as a result of non-fulfilment or inadequate fulfilment of the agreement/arrangement such as, for example, financial and commercial loss, production loss, loss of profit, increase of general overheads, planning disruption, loss of Customers, and tarnishing of the reputation.
9. Any delay in the performance of a flight marketed and purchased as a ‘return or empty leg’ – it being specifically noted that the Customer has booked such a flight on the basis that it was being offered as a ‘return leg’ (with a corresponding reduction on price) and is conditional upon the complete performance of the originally contracted flight following which the return leg was offered. Should the said originally contracted flight not be performed for whatsoever reason then the Operator shall not be held liable for any cancellation of the said (return leg) flight and shall not bear any obligation whatsoever to such Customer save for the refund of fees paid in the manner specified in these terms and conditions.
10. The Customer hereon hold the Operator harmless against all third-party claims/liabilities with respect flight/s performed or other services rendered by the Operator which are not occasioned by the wilful misconduct or gross negligence of the Operator In such instance, the Operator’s liability is limited to the refund of all fees paid in relation to the performance of any particular flight requested by the Customer. In any case, the Operator shall not be liable for any amount which is not covered by any applicable insurance cover it has.

F. Means of action

1. If the Customer fails to fulfil its payment obligation, renders performance of the work impossible or is guilty of any shortcoming whatsoever such as to hamper further cooperation, the Operator reserves the right, provided a notice of default sent by electronic mail has not been satisfactorily acted upon for two working days and subject to notification to this effect by the Operator by electronic mail, to take one or more of the following measures:
   • to suspend further performance of the specific or any other agreement/arrangement with the Customer or with a company affiliated to and/or associated with the Customer until the Customer has paid all overdue amounts or until the shortcoming attributable to it has been redressed in full;
   • to terminate the agreement/arrangement or any other agreement/arrangement with the Customer or with a company affiliated to and/or associated with the Customer, with the onus lying with the Customer, without introductory judicial intervention;
   • to cancel orders, work and services not yet delivered by the Customer or a company affiliated to the Customer.
2. to suspend further performance of the specific or any other agreement/arrangement with the Customer or with a company affiliated to and/or associated with the Customer until the Customer has paid all overdue amounts or until the shortcoming attributable to it has been redressed in full;
3. to terminate the agreement/arrangement or any other agreement/arrangement with the Customer or with a company affiliated to and/or associated with the Customer, with the onus lying with the Customer, without introductory judicial intervention;
4. to cancel orders, work and services not yet delivered by the Customer or a company affiliated to the Customer.
5. The above shall be without prejudice to the right on the part of the Operator to claim compensation for the loss or damage incurred.

G. Termination/Cancellation by Customer

• If the Customer cancels flight/s, then the Customer shall be liable to pay for:
  • If the Customer cancels flight/s, then the Customer shall be liable to pay for:
  • 100% of the charter price if the flight is cancelled 24 hours prior to departure.
  • 50% of the charter price if the flight is cancelled between 72 hours and 24 hours prior to departure.
  • 40% of the charter price if the flight is cancelled 7 days prior to departure.
  • 25% of the charter price if the flight is cancelled 14 days prior to departure.
  • 10% from acceptance of quotation by Customer.

• When flights are cancelled by the Customer or due to any reason attributable to the Customer, the Customer shall at least be obliged to pay (contribute) the compensatory amounts stated above together with the refund of any expense incurred in relation to such flight/s and the compensation of any loss or damage resulting from the contractual shortcoming.

• It is specifically noted that the herein quoted grounds for cancellation due to Force Majeure are solely for the benefit of the Operator The cancellation of flights due to reasons such as illness (including contraction of Covid 19) or cancellation of Customer engagements shall not be a ground for the cancellation of any contracted flight/s.

• Amendment of Bookings. Where the Customer wishes to amend a confirmed booking (including but not limited to changes to departure date, departure time, routing or number of passengers), the Operator will use reasonable endeavours to accommodate the requested amendment, subject always to aircraft and crew availability. the Operator does not guarantee that any amendment can be facilitated, and no amendment shall be considered confirmed unless acknowledged in writing by the Operator Where an amendment is accommodated, additional charges may arise (including but not limited to revised positioning costs, crew costs, landing fees or other operational expenses); any such charges will be notified to the Customer and invoiced separately. Any amendment request received within seventy-two (72) hours of the scheduled departure time shall be treated as a cancellation and shall be subject to the cancellation charges set out in Section G above.

H. Applicable law and competent court

These terms and conditions and any agreement/arrangement reached with the Customer in relation to the performance of any flight are subject to the laws of Malta. Any dispute to which the interpretation or performance of the said agreement/arrangement may give rise shall, including in the case of urgency (e.g., summary proceedings), fall under the jurisdiction of the exclusive jurisdiction of the courts of the Republic of Malta.

The above shall not affect the Customer’s mandatory rights under the laws of the country in which the Customer resides if the Customer qualifies as a consumer (meaning a natural person who is acting for the purposes which are outside his trade, business or professional activity) domiciled in a European Union Member State. Furthermore, where the Customer qualifies as a consumer domiciled in a European Union Member State, that Customer may make use of the Online Dispute Resolution Portal under http://ec.europa.eu/consumers/odr/ that is provided by the European Commission.

I. Data Protection

the Operator processes personal data relating to Customers and passengers in accordance with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 (GDPR) and any applicable national implementing legislation. Personal data collected in connection with charter bookings (including but not limited to names, passport or identity document details, contact information and travel itineraries) is processed for the purposes of flight operations, safety, regulatory compliance and the performance of the contractual arrangement with the Customer. the Operator may share passenger data with relevant authorities, airport operators, ground handlers, customs and immigration services and other third parties where required for the performance of the flight or as required by applicable law. Personal data will not be retained for longer than is necessary for the purposes for which it was collected. Customers and passengers may exercise their rights of access, rectification, erasure, restriction, portability and objection under applicable data protection legislation by contacting the Operator in writing. For full details, please refer to the Privacy Policy available on the official website.

J. Data Protection

If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions of these terms and conditions, which shall continue in full force and effect.

K. Data Protection

These terms and conditions, together with any quotation or booking confirmation issued by the Operator, constitute the entire agreement between the Operator and the Customer with respect to the subject matter hereof and supersede all prior negotiations, representations, warranties, understandings and agreements, whether written or oral, between the parties relating thereto. No variation to these terms and conditions shall be binding upon the Operator unless agreed in writing and signed by an authorised representative of the Operator.