The following Charter Terms & Conditions are an integral part of the agreement between Arkasair Aviation & Trading S.A. (hereinafter ‘’Arkasair’’) and the Customer wherein Arkasair provides one or more Charter Flights for the Customer.
1. SCOPE
The subject of the contractual agreement is the transport of passengers and/or goods from the point of departure to the point of destination as stated in the attached Charter Quotation. Arkasair shall provide for the Customer’s sole use the Aircraft, manned and equiped for the performance of the Charter as specified in the Charter Quotation.
2. INCLUDED COSTS
Aircraft costs including crew, fuel, maintenance, air navigation and airport charges, VIP lounges, in-flight Arkasair standart catering depending on flight time and time of day, passenger and cargo insurances and taxes.
3. EXCLUDED / ADDITIONAL COSTS
Fuel and insurance surcharges, de-icing of aircraft, limo-services, SATCOM services and special catering requests such as caviar and special wines or spirits and any other costs for specially requested items or services will be involved separately, at cost and reimbursed to Arkasair by the Customer.
4. PAYMENT
Arkasair 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 receipt of invoice by Customer. Major credit cards will be accepted for payments, however, the Customer will be charged any surcharges and an additional handling charge of 5%.
5. FORCE MAJEURE
Arkasair 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 Arkasair; provided, however, that if a trip is terminated prior to completion, due in whole or in part to any such case, Arkasair 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 Arkasair provides Customer with another aircraft to continue Customer’s itinerary, then Customer will reimburse Arkasair for the additional costs, if any, incurred over and above the original price quotation, to provide Customer with a replacement aircraft.
6. 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 this Agreement, Arkasair may at its discretion substitute for such aircraft as nearly as may be capable of undertaking such transport. If Arkasair 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 Arkasair 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 Arkasair shall not be under any liability to the Customer other than the liability to refund to the Customer such part of the price set out in the signed Charter Quotation which relates to that part of the carriage or journey(s) cancelled and Arkasair’s certification of such amount shall, save in the case of manifest error, be conclusive.
7. CAPTAIN’S AUTHORITY
The Captain of the aircraft shall have absolute discretion to decide what load, including the number of passengers, 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 be landed. The passengers to be carried on any flight under this Agreement, hereby 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 7 shall be binding on the Customer and that Arkasair may terminate this Agreement without further notice if any passenger fails to comply with any such directions or instructions. Arkasair 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 Arkasair pursuent to this clause 7.
8. DELAYS
If any delay in the commencement or completion of any flight is caused by the Customer, demurrage shall be charged to the Customer for such delay at the hourly market rate for the aircraft specified in the signed Charter Quote, and in addition Arkasair shall be entitled at any time after demurrage shall have started to run to cancel such flight (without prejudice to any claim Arkasair shall have against the Customer of demurrage up to the time of such cancellation and the rights of Arkasair hereunder)
9. TRANSPORTATION AND TRAVEL DOCUMENTS
All passengers have to comply with any requirements (e.g. immigration, customs, agriculture, etc.) at each destination. Passengers have to be in possession of a valid passport plus, where necessary, a visa. Arkasair takes no responsibility in case of non-compliance with any custom’s requirements by the Passenger(s).
Should there be any surcharges, fees, fines or similar due to a non-compliance, the Customer will be billed for such costs. Arkasair takes no responsibility with the regard to visa requirements of Passengers. Should there be any levy due to the lack of required entry documents of Passengers or cargo the Customer will be billed for such costs.
10. BAGGAGE AND DANGEROUS GOODS
The amount and weight of accompanied baggage shall be at Arkasair’s discretion. The Customer shall not deliver for carriage, and Arkasair 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 Arkasair, 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, Arkasair may refuse to carry any baggage or other item considered by the Captain of the Aircraft or by any other responsible servant of Arkasair 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 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. The articles stated in the Prohibited articles link are not accepted in cabin.
ICAO TI requirements regarding the restrictions for the carriage of lithium batteries and hidden or mis-declared dangerous goods’
Electronic cigarettes should not be stowed in baggage. Electronic cigarettes can only be brought on board in cabin bag or on the passenger.
Lithium metal batteries are prohibited to be on board. Lithium ion (UN 3480) spare batteries (powerbanks, etc.) not exceeding 100 Wh limit may be brought on board in cabin bag. These should be in compliance with UN Manual of Tests and Criteria Part III subsection 38.3. If these batteries are brought on board, they shall not be charged during the flight.
There are no restriction for Li-ion batteries installed in devices that belong to passengers such as phones, tablets, etc.
All kinds of dangerous goods are prohibited to be on board as Arkasair do not have authorization to carry dangerous goods. All passenger baggage will be screened at the terminal during boarding and any non-complying goods or batteries will be removed and left behind. Allowable goods or devices/spare batteries may be brought on board in cabin bag.
11. REFUSAL OF TRANSPORT
Arkasair 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.
12. LIABILITY
Arkasair 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 passengers. In case of damages caused by any passenger to the Aircraft, the Customer shall be responsible for and/or liable to pay to Arkasair any cost, charge, expense or other sums resulting from the immobilization of and/or any resulting repairs to the Aircraft.
13. CANCELLATION
In case of cancellation of any booked flight by the Customer, Arkasair shall be entitled to receive, as liquidated damages not a penalty, the following:
| After booking and until 96 hours prior to departure | 10% | ||
| Between 96 – 72 hours to departure | 25% | ||
| Between 72 – 48 hours to departure | 50% | ||
| Between 48 – 24 hours to departure | 75% | ||
| Less than 24 hours to departure or no show | upto 100% |
14. APPLICABLE LAW AND JURISDICTION
These Terms & Conditions and the signed Charter Quotation 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 Charter Quotation to which they are attached shall be governed by the laws of Turkey. Any dispute arising out of or in connection herewith shall be submitted to the exclusive jurisdiction of the courts of Izmir, Turkey; provided, however, Arkasair may in its sole option bring action against the Customer in any other competent court.