Terms and conditions for charter flights
1. Introduction
These general terms and conditions apply to bookings of aircraft from Fly Sola Air AB (“FSA”) “by individuals, companies or firms (the “Customer”), to the exclusion of all other terms and conditions and warranties, except as may be agreed in writing between FSA and the Customer.
2. Definitions
“Aircraft” means all aircraft that are the subject of a booking and charter agreement between FSA and the customer.
“Charter Price” means the price to be paid for the scheduled flight(s) and services agreed in advance between FSA and the Customer. “Confirmed Charter Flight” means the charter flight that FSA confirms in writing in accordance with clause 5 of these General Terms and Conditions.
“Flight Schedule” means the designated points of departure, arrival and any stopping points and all departure and arrival times agreed between FSA and the Customer as part of the Charter Flight, together with any changes or additions made in the course of time as agreed between FSA and the Customer.
3. Quote and charter price
The customer should be aware that a quote for a price for a charter shall not be considered a reservation and is subject to availability and traffic rights and a written confirmation from the FSA that the charter has been confirmed. The customer should further be aware that the quote will also be subject to the following:
A quote will only be considered a provisional reservation until FSA has received written confirmation and agreed upon the payment terms for the Charter Price. The Charter Price includes airport charges, complimentary bar and light catering and passenger charges.
The charter price excludes de-icing (or hangar garage instead of de-icing), extra open charges, overflight permit and royalty if applicable. Italian luxury tax is excluded. 6% VAT domestic flights in Sweden are excluded.
The charter price is dependent on aircraft availability. The charter price is based on fuel prices on the day the charter flight has been confirmed in writing by FSA. If fuel prices increase, an additional charge will be applied.
4. Air charter broker
A quote for a charter price to a third party client through an air brokerage firm (the “broker”) is given as a net price only and does not include commission. The broker, as well as the client, is liable to the FSA for the full agreed charter price.
5. Confirmed charter flight
Upon receipt of a booking confirmation from the client, both FSA and the client are bound by these general terms and conditions, provided that FSA confirms that the aircraft is still available to carry out the flight schedule. When this can be confirmed, FSA will confirm to the client and the charter flight will be considered a confirmed charter flight.
6. Confirmed charter flights
FSA reserves the right to provide the client with a similar replacement aircraft from a cooperating co-charter company should the actual aircraft referred to in the confirmed charter flight become unavailable.
7. Cancellation fee
The cancellation fee is based on the agreed charter price.
Cancellation between the date FSA confirmed the charter flight to more than 21 days before the booked departure: the actual costs associated with planning the charter flight.
Cancellation between the date FSA confirmed the charter flight to 5 days before flight: 10% of the charter price.
Cancellation between 5 days and 24 hours before the charter flight: 20% of the charter price.
Cancellation between 24 hours and 6 hours before the charter flight: 50% of the charter price.
Cancellation less than 6 hours before the charter flight: 100% of the charter price.
The planned departure date takes into account all necessary approaches required to meet the departure airport.
8. Payment terms
The charter price shall be paid 5 (five) days prior to departure by bank transfer. If the amount has not been paid into the FSA-named bank account 24 hours prior to departure, FSA has the right to consider the flight cancelled by the customer and the rules set out in §7 shall apply.
9. Withdrawal and handling fee
All credit and unplanned fees regulated in §3, which have been paid by FSA on behalf of the customer, shall be forwarded to the customer without delay.
10. Flight safety
The captain of the aircraft shall have the sole right to determine the advisability of commencing or terminating a flight based on a risk analysis of any potential risks to flight safety.
11. Operation of a confirmed charter flight
The captain of the aircraft shall have full authority to disembark or disembark any passenger who, due to behavior, medical conditions or other circumstances, is, in the captains absolute discretion, unfit to conduct or continue the flight.
All flights are “local” to the country concerned and are subject to airport and air traffic arrival and departure times.
Due to other scheduled activities, the aircraft may not be expected to be available based on the agreed upon schedule. Departure/arrival times may differ slightly due to unforeseen circumstances.
It is the responsibility of charter passengers to ensure that passengers have the required travel documents (visa, insurance, passport, etc.). Requirements may vary from those for scheduled flights. FSA is not responsible for costs incurred if passengers do not have the correct travel documents.
12. Baggage
Passengers are allowed to carry 10 kg of luggage, preferably in soft bags, depending on load capacity. More luggage can be taken but only after agreement with FSA.
In accordance with ICAO Annex 18 “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, passenger baggage may not contain dangerous goods.
Consumer electronics with lithium batteries and electronic cigarettes may only be transported as carry-on baggage. Small lithium battery-powered personal transportation devices (hoverboards, self-balancing single or multi-wheeled scooters, mini Segways, etc.) may not be transported on board.
Sports equipment, such as skis/snowboards, bicycles and golf bags can be accepted by arrangement and subject to load capacity in combination with the number of passengers.
Sporting weapons and ammunition. Passengers travelling outside the EEA must submit a weapons declaration. A borrowed weapon cannot be transported abroad. Weapons must be unloaded and stored in a bag, suitcase or similar. The weapon itself and all important parts (e.g. the barrel) must be transported in separate bags / suitcases. Ammunition must be transported in unopened original packaging.
13. Smoking on board
Smoking is prohibited on board all FSA aircraft. Electronic cigarettes may not be used on board during the flight.
14. Liability for damage
International travel, as defined in the Convention, is subject to the liability rules of the Convention and European Union Council Regulation No. 2027/97 (as amended by Regulations Nos. 889/2002 and 785/2004). In addition, our liability will be determined by these Conditions of Carriage.
15. Cargo insurance
FLY SOLA AIR's legal liability for cargo carried on board corporate aircraft is limited to 19 SDR per kilogram according to EASA OPS Regulation 785/2004. We recommend our customers to purchase additional liability/transport insurance for valuable goods.
16. Limits of liability
Except as expressly provided in these Terms and Conditions and any annexes thereto, FSA shall not be liable to the Customer in any way (whether arising from the negligence of FSA, its employees or agents or otherwise) for any loss or damage whatsoever (including, without limitation, consequential loss or special damage) provided that this does not exclude or limit FSA's liability for death or personal injury resulting from the gross negligence of FSA or its employees or agents.
A charter flight shall be subject to the rules on limitation of liability and all other provisions laid down in the Warsaw Convention or in that Convention, as amended by the Hague Protocol and/or in any other treaty applicable to carriage not so regulated. subject to all applicable laws which extended the provisions of the Convention to such carriage or which otherwise limit the liability of the carrier.
The Client shall indemnify FSA against all claims and costs (including legal fees and expenses) in respect of FSA's liability to third parties (including but not limited to passengers) for loss or damage whatsoever (including costs and expenses on a full indemnity basis) arising from any wrongful act or omission of the Client, its servants or agents or any passenger borne by the Client's authority, or from any such cause or circumstance as is mentioned in 14 b. above, subject to the exception mentioned in that clause.
Any sub-carrier’s standard conditions and any annexes thereto (“Sub-carrier’s Standard Conditions”) may apply to the confirmed charter flight to the extent that the sub-carrier’s standard conditions are inconsistent with these General Conditions. The sub-carrier’s standard conditions shall, if applicable, be delivered to FSA who, to the extent necessary, shall make them available to the customer. The liability of each sub-carrier to the passengers will then be subject to the limits of liability described in the summary of liability provisions annexed to the sub-carrier’s standard conditions.
17. Force Majeure
FSA shall not be liable for any delay in the performance of the confirmed charter flight, and shall not be liable for any failure as set out below due to causes beyond its control. Such causes shall be deemed to be events of “force majeure” and shall include, without limitation, war, warlike operations, armed aggression, insurrection, riot, fire, adverse or severe meteorological conditions, explosions, accidents, acts of government and public enemy, labour problems, industrial disputes and strikes and other causes beyond the control of FSA.
18. Applicable law and jurisdiction
These standard terms and conditions are interpreted in accordance with and governed by Swedish law.
19. Operator
Sola Air is operated by NyxAir OÜ - org nr. 14361523. NyxAir is a member of ERA (European Regions Airline Association) and complies with current regulations from EASA.