General Terms and Condition
Revised 3 November 2023
The General Terms & Conditions of Carriage of Alliance Executive Jets Ltd (dba Hans Jet)
A. 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.
2. Quotations are valid for twenty-four (24) hours or one (1) 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 Alliance Executive Jets Limited. The contractual agreement/arrangement with the Customer comes into being at the moment when Alliance Executive Jets Limited’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 Alliance Executive Jets Limited (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 Alliance Executive Jets Limited, the latter is entitled to adjust the prices proportionally, provided it gives the Customer prior written notification of this.
5. Flight schedule timings are given by way of approximations and are not binding on Alliance Executive Jets Limited unless they are unreasonable and solely attributable to Alliance Executive Jets Limited, 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 Alliance Executive Jets Limited of the invoice from the relevant supplier or service provider and immediately reimbursed to Alliance Executive Jets Limited, by the Customer. Alliance Executive Jets Limited reserves the right to charge a handling fee for such invoices.
7. The flights covered by any arrangement and these terms and conditions are aircraft specific and are therefore subject to aircraft availability. Alliance Executive Jets Limited reserves the right at any time to provide the Customer with a substitute aircraft similar in size and performance at an equivalent cost should the booked aircraft be unavailable for any reason whatsoever. If no suitable alternative aircraft can be found, Alliance Executive Jets Limited 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 Alliance Executive Jets Limited to return to Customer an amount equal to the amounts previously paid by the Customer in respect of the relevant flight or flights, no interest accrued.
8. Alliance Executive Jets Limited (or any entity appointed to act as operator of the aircraft) has all permits, including a valid Air Operators Certificate, licences and authorisations whatsoever required to provide the public air transport services contemplated under these terms and conditions to the Customer in accordance with all applicable laws and regulations of Malta.
B. Flight And Passenger Data
1. The Client shall forward all information about a particular flight to Alliance Executive Jets Limited within the periods as described hereafter.
2. A complete list containing all passenger names shall be forwarded in writing to Alliance Executive Jets Limited on contacts indicated in the quotation and/or charter agreement no later than seventy-two (72) hours before departure times or where bookings are made on shorter notice, within two (2) hours of confirmation of quotation but in no case can this be later than the time required to ensure that Alliance Executive Jets Limited meets the reporting obligations in the state of registry and/or of departure and destination.
3. Special information such any particular assistance required must be included in the details in the passenger list.
4. Passenger and Cargo Entry Documents. Passengers are responsible for ensuring that they have the necessary valid travel documents and visas for entering their destination. Alliance Executive Jets Limited 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 Alliance Executive Jets Limited for any such costs including repatriation or transfer to the nearest eligible port of entry. 5. Alliance Executive Jets Limited shall not be held liable for passengers refused to enter a country due to health restrictions in connection with Covid-19.
1. Special meals shall be ordered by the Customer in writing no later than seventy-two (72) hours before the agreed departure time or where bookings are made on shorter notice, within two (2) hours of confirmation of quotation. Alliance Executive Jets Limited reserves the right to charge an additional fee for any special meals.
2. Children shall be announced specifically, as no children meals can be prepared otherwise.
1. One (1) bag fifty by forty by twenty-five centimetres (50x40x25cm) with maximum weight of twenty kilograms (20kg) per passenger is allowable for all flights. Additionally, it is agreed that all other baggage may be loaded on the aircraft at the discretion of Alliance Executive Jets Limited depending on hold capacity availability. For the avoidance of doubt, the total available payload of the aircraft shall not be unreasonably withheld from the Customer.
2. Excess and special luggage. The Customer shall notify Alliance Executive Jets Limited of excess and special luggage no later than seventy-two (72) hours before agreed departure time during office hours or where bookings are made on shorter notice, within two (2) hours of confirmation of quotation. Carriage of such luggage will be subject to aircraft hold limitations.
3. Alliance Executive Jets Limited shall facilitate arrangements for the storage and rerouting of the excess luggage provided that all associated costs shall be borne by the Customer.
4. The Customer guarantees that the freight/luggage/mail does not contain objects endangering the aircraft or persons or the delivery of which is forbidden pursuant to the laws, regulations or other provisions of a country being touched during the flight.
5. The freight/luggage/mail to be delivered shall be suitable for air transport and packed accordingly.
6. The Customer must obtain permission from Alliance Executive Jets Limited to bring a dog, cat or any pet on board. The Customer is responsible for all additional costs associated with bringing the pet on board including but not limited to cleaning fees, damage caused by the pet and any other pet related expenses. The Customer is responsible for providing a pet carrier, leash, and necessary supplies for the pet such as food or bedding. The Customer assumes all liability for any damage or injury caused by the pet during the flight. Alliance Executive Jets Limited is not responsible for any damage or injury caused to the pet. The Customer must provide all necessary documentation for the pet, including but not limited to vaccination records and any required permits of international travel.
E. Payload Restrictions
1. The Customer accepts that there might be a payload restriction on different routes depending on the range of a flight. The Customer shall be notified of these restrictions within 24 hours from the receipt of flight details.
2. Should an unplanned stopover be necessary because the Customer exceeds the payload restrictions, the Customer shall be invoiced the additional costs incurring thereof.
F. Operational Decisions
1. Flight operational decisions including but not limited to choice of flight route, alternative landings, cancellation of flights due to weather conditions, lie exclusively with Alliance Executive Jets Limited.
2. Alliance Executive Jets Limited may refuse to transport passengers, luggage or freight especially in the following cases without giving the Customer any right to withdraw from the agreement:
a. Persons suffering from an infectious disease or who might pose a threat to the security of the flight or who are guilty of violating or trying to violate aviation, frontier police or customs regulations.
b. Luggage and freight posing a security threat and thus threatening the flight or otherwise excluded by IATA Dangerous Goods regulations.
3. The commander of the aircraft has the final authority on all matters pertaining to the flight and to the acceptance and/or refusal of luggage and/or passengers on board the aircraft.
4. Alliance Executive Jets Limited endeavours to transport passengers on time. However, Alliance Executive Jets Limited is not liable for meeting deadlines and connections. For the avoidance of doubt, commercial pressure exerted on air and ground crews is considered to be a safety of flight concern.
5. Aircraft used in accordance with these terms and conditions may only be used to the extent and within the frame of the flight permission given and subject to the aviation laws and the provisions of the aeronautical authorities of Malta and the countries where the passengers are transported from/to or which the aircraft flies over.
G. Prohibited Goods and Sanctions
1. 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.
2. Sanctions. Alliance Executive Jets Limited 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 or actual breach of any such laws or regulations relating to any local and/or international sanctions, Alliance Executive Jets Limited shall have the right to terminate its arrangement with the Customer forthwith without any form of liability on its part.
H. Unruly Conduct of Passengers
1. Passengers shall not enter any aircraft when drunk, or be drunk in the aircraft, or otherwise be under the influence of a drug or any psychoactive substance.
2. Passengers shall not recklessly or negligently act in a manner likely to endanger the aircraft or any person.
3. No person shall while in an aircraft –
a. use any threatening, abusive or insulting words towards a member of the crew of the aircraft;
b. behave in a threatening, abusive, insulting or disorderly manner towards a member of the crew of the aircraft; or
c. intentionally interfere with the performance by a member of the crew of the aircraft of his duties.
4. All smoking shall be prohibited on aircraft.
5. Every person in the aircraft shall obey all lawful commands which the commander of the aircraft may give for the purpose of securing the safety of the aircraft and of persons or property contained therein, or the safety, efficiency, or regularity of air navigation.
6. The commander of the aircraft may remove any person, together with any cargo, from within the aircraft where their presence or respective conduct is found to be in breach of his or her lawful commands or any provision of applicable law.
I. 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 Alliance Executive Jets Limited and/or a company affiliated to Alliance Executive Jets Limited, 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 Alliance Executive Jets Limited and/or a company affiliated to Alliance Executive Jets Limited 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 Alliance Executive Jets Limited.
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 Alliance Executive Jets Limited at least seventy-two (72) hours from receipt of the invoice or seventy-two (72) hours prior to departure or where invoices are issued on shorter notice, within two (2) hours of issue of invoice whichever is earlier. The flight will only be firmly booked once the full price has been paid and Alliance Executive Jets Limited shall be under no obligation to perform flights before payment by the Customer of the full price. If the Customer fails to make any payments at the time and in the amount specified in the invoice, Alliance Executive Jets Limited may, by written notice, terminate the flight/s and/or any arrangement reached with the Customer 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.
K. Transparency clause
If the agreement/arrangement between the Customer and Alliance Executive Jets Limited is performed using an aircraft that does not belong to the Alliance Executive Jets Limited 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 Alliance Executive Jets Limited and any third party be less favourable than the terms and conditions offered herein, then any liability (including but not limited to liability for any form of compensation) of Alliance Executive Jets Limited 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, Alliance Executive Jets Limited, 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.
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 Alliance Executive Jets Limited on a 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. Alliance Executive Jets Limited may not be held liable for: a. 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, Alliance Executive Jets Limited 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 Alliance Executive Jets Limited and at or in the vicinity of its suppliers. b. 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 Alliance Executive Jets Limited.
c. A delay in the fulfilment of its obligations, insofar as this is not unreasonable and is not solely attributable to Alliance Executive Jets Limited.
d. 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.
e. 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 in 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 Alliance Executive Jets Limited 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.
4. The Customer hereon holds Alliance Executive Jets Limited harmless against all third-party claims/liabilities with respect flight/s performed or other services rendered by Alliance Executive Jets Limited which are not occasioned by the wilful misconduct or gross negligence of Alliance Executive Jets Limited. In such instance, Alliance Executive Jets Limited’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, Alliance Executive Jets Limited shall not be liable for any amount which is not covered by any applicable insurance cover it has.
M. Means of action
1. If the Customer fails to fulfil its payment obligations, renders performance of the work impossible or is guilty of any shortcoming whatsoever such as to hamper further cooperation, Alliance Executive Jets Limited 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 Alliance Executive Jets Limited by electronic mail, to take one or more of the following measures: a. 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;
b. 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;
c. to cancel orders, work and services not yet delivered by the Customer or a company affiliated to the Customer.
2. The above shall be without prejudice to the right on the part of Alliance Executive Jet Limited to claim compensation for the loss or damage incurred.
N. Change in Departure Time or Termination/Cancellation by Customer
1. The Customer may request to delay a scheduled flight by up to sixty (60) minutes beyond its confirmed departure time and Alliance Executive Jets Limited shall take all reasonable steps, where this is possible, to accommodate such request, provided however that this may result in consequential delays and/or additional costs which the Customer shall be liable to pay for. If Alliance Executive Jets Limited is unable to accommodate the delay, or if the Customer does not inform Alliance Executive Jets Limited of such delay and/or in the case of a Customer “no show”, the flight will be deemed cancelled by Alliance Executive Jets Limited and at the Customer’s cost.
2. Unless agreed otherwise in the quotation and/or charter confirmation documentation, if the Customer cancels flight/s, then the Customer shall be liable to pay for: a. 100% of the charter price if the flight is cancelled 24 hours prior to departure.
b. 50% of the charter price if the flight is cancelled between 72 hours and 24 hours prior to departure.
c. 40% of the charter price if the flight is cancelled 7 days prior to departure.
d. 25% of the charter price if the flight is cancelled 14 days prior to departure.
e. 10% from acceptance of quotation by Customer.
3. 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.
4. It is specifically noted that the herein quoted grounds for cancellation due to Force Majeure are solely for the benefit of Alliance Executive Jets Limited. 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.
1. The possible nullity of one or more provisions of these general terms and conditions shall under no circumstances entail the entire agreement/arrangement with Customer becoming null and void. The other provisions therefore continue to be applicable in full.
2. These general terms and conditions shall not be effectively amended, modified, restricted or excluded by the Customer, charterers, brokers, passengers or shippers, nor by representatives of Alliance Executive Jets Limited unless agreed in writing by authorised legal representatives of the Customer and Alliance Executive Jets Limited.
P. Applicable law and competent court
1. 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.
2. 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.