Legal
ALTUSJET LIMITED
GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope and Incorporation
These General Terms and Conditions of Business ("Terms") apply to all charter flights and related services provided by AltusJet Limited ("AltusJet", "Air Carrier", or "Carrier"), a company incorporated in the Republic of Cyprus. These Terms apply to every Charter Contract, Charter Quote, or Charter Confirmation (individually or collectively, the "Agreement") concluded between AltusJet and any customer, broker, or other contracting party (the "Charterer"). These Terms are incorporated by reference into, and form an integral part of, every Agreement, regardless of whether they are reproduced in full within the body of the Agreement.
These Terms shall take priority over any general terms and conditions of the Charterer in the event of any conflict. No verbal or collateral agreements shall apply, and no amendment to these Terms shall be valid unless confirmed in writing by AltusJet.
2. Definitions
"Charterer" means the contracting party who commissions AltusJet to carry out a Flight, including, where applicable, any broker or intermediary acting on behalf of passengers.
"Passenger" means any person, other than flight crew, carried on the Aircraft pursuant to the Agreement.
"Aircraft" means the aircraft designated for the Flight, or any substitute aircraft provided in accordance with Article 4.
"Flight" means the flight or series of flights agreed between AltusJet and the Charterer, including the departure point, destination(s), any stopping points, and the agreed schedule.
"Charter Price" or "Fare" means the total amount payable by the Charterer to AltusJet for the Flight and any related services, as set out in the Agreement.
"Base Airport" means the airport from which the Aircraft is based or positioned for the purposes of the Flight, as stated in the Agreement.
3. Performance of the Flight; Permits
3.1. AltusJet shall perform the Flight using an airworthy aircraft, properly crewed and supplied, in accordance with applicable aviation law and safety regulations.
3.2. The Flight is subject to all necessary permits, landing rights, overflight permissions, slots, and parking being granted by the competent authorities. No sector of the Flight shall be operated unless all permits required for that sector have been obtained prior to take-off.
3.3. If, prior to commencement of the Flight, a required permit for a remaining sector has not been granted, AltusJet shall inform the Charterer, who shall decide whether the Flight is to proceed. If the Flight is cancelled for this reason, the Charterer shall not be liable to pay the Fare for the cancelled portion. If the Charterer elects to proceed without the required permits and such permits are ultimately not granted, the Charterer shall remain liable for the Fare corresponding to the sectors actually performed, including any return sector to the Base Airport, calculated in accordance with Article 13.
4. Aircraft Substitution
4.1. AltusJet may, at any time prior to the commencement of the Flight, substitute the aircraft designated for the Flight with another aircraft of similar or better specification and passenger capacity, operated by AltusJet, without requiring the Charterer's consent.
4.2. The Charterer's consent shall be required where the substitute aircraft is operated by a different air carrier. Where an aircraft of similar or better specification is unavailable, AltusJet may offer a lower-capacity aircraft only with the Charterer's consent, together with a corresponding adjustment of the Fare to be mutually agreed.
4.3. AltusJet does not guarantee the availability of any specific aircraft registration, and aircraft type changes may occur for operational, safety, or availability reasons.
5. Cancellation or Non-Performance by AltusJet; Force Majeure
5.1. AltusJet may cancel or delay a Flight without liability for any cancellation fee or compensation where the Flight cannot be performed or completed due to any cause beyond AltusJet's reasonable control, including but not limited to: strikes, lock-outs, civil commotion, war or warlike operations, riots, blockade, embargo, acts or omissions of governmental or civil aviation authorities, force majeure, fire, flood, adverse weather, epidemic or pandemic, quarantine, hijacking, technical failure of the aircraft (AOG), requisition of the aircraft by public authorities, or any circumstance where the aircraft commander or AltusJet's operations department reasonably determines that the safety of passengers or property would be jeopardised.
5.2. In such cases, AltusJet's liability shall be limited to refunding the portion of the Charter Price corresponding to the cancelled or uncompleted portion of the Flight, to the exclusion of all other claims.
5.3. "Force Majeure" means any event outside AltusJet's reasonable control that is neither foreseeable nor avoidable through reasonable measures, and which renders performance of the Flight impossible or unsafe.
6. Schedule Changes, Delays and Diversions
6.1. Departure and arrival times are estimates only and are subject to change imposed by competent authorities or for reasons of passenger health, flight safety, technical failure, or force majeure. AltusJet shall promptly inform the Charterer of any such change.
6.2. Where a delay is attributable to AltusJet, AltusJet's responsibility shall be limited to arranging reasonable meals, transfer, and accommodation for passengers during the delay, at the Charterer's expense, except where the delay results from a technical failure of the Aircraft, in which case AltusJet shall use reasonable efforts to source a replacement aircraft or, failing that, alternative transportation at its own expense.
6.3. Where performance is prevented or delayed by any act or omission of the Charterer or its passengers (including late arrival of passengers or luggage), the Charterer shall be liable for any resulting additional costs, and AltusJet may cancel the Flight without liability, in which case the cancellation fees set out in Article 11 shall apply.
6.4. If landing at the destination becomes impossible during the Flight due to adverse weather or other force majeure, AltusJet shall have no obligation to refund the Fare, and the Charterer shall remain liable for payment.
7. Charterer's Right to Terminate for Schedule Changes
7.1. Where a schedule change under Article 6 occurs, the Charterer may terminate the Agreement in whole or in part. If termination is total and the Aircraft has not departed from the Base Airport, AltusJet shall refund any Fare already paid, without further liability to indemnify the Charterer. If termination concerns only part of the Flight, the Charterer shall remain liable for the Fare corresponding to sectors already performed, together with any applicable return sector to the Base Airport.
8. Changes Requested by the Charterer
8.1. AltusJet is not obliged to perform a flight different from the one agreed. Where AltusJet agrees to a change requested by the Charterer, any resulting increase in the Fare (calculated per Article 13) shall be payable by the Charterer. Where the revised Fare is lower than originally agreed, AltusJet shall not be obliged to refund the difference.
9. Charter Price: Inclusions and Exclusions
The Charter Price includes standard flight charges, being:
aircraft operating and maintenance costs for the Flight;
crew costs;
insurance premiums;
landing, parking, and standard airport/ground handling fees;
standard in-flight catering and beverages, in accordance with AltusJet's standard offering;
international route/navigation charges.
The Charter Price does not include, and the Charterer shall be separately liable for:
de-icing costs, which shall be advised as soon as AltusJet receives them from the relevant airport;
ground transportation to and from airports;
customs duties, taxes, or airport VIP fees;
additional costs resulting from changes requested by the Charterer;
additional costs arising from extended flying time, adverse weather, technical matters, or diversions not attributable to AltusJet's fault;
costs resulting from Force Majeure;
in-flight Wi-Fi, where available, which is charged as an extra.
Domestic flights within an EU Member State are subject to applicable VAT. Special requests are invoiced separately, at cost.
If fuel prices change by more than ten percent (10%) between the date of the Agreement and the date of the Flight, AltusJet reserves the right to adjust the agreed Charter Price accordingly.
10. Payment Terms
10.1. The Charter Price is payable in full upon signature of the Agreement by the Charterer, unless otherwise agreed in writing between the parties.
10.2. AltusJet shall not be obliged to commence preparatory operations for the Flight (including applying for permits) until the Charter Price has been credited in full to AltusJet's designated account and the Agreement has been duly signed by both parties.
10.3. Payment by credit card is subject to a surcharge of 3.5% of the Charter Price. American Express is not accepted.
10.4. All payments must be transferred such that the full amount due is credited to AltusJet's account without deduction of any bank charges, which shall be borne by the Charterer.
10.5. AltusJet shall not be liable for any delay arising from the Charter Price not being credited in due time.
11. Cancellation by the Charterer
If the Charterer cancels the Flight, in whole or in part, the following cancellation fees shall apply as a percentage of the total flight revenue, unless otherwise agreed in writing:
10% of the total flight revenue, payable upon signature of the Agreement;
20% of the total flight revenue, if cancellation occurs from the date of signature up to ten (10) days before departure;
40% of the total flight revenue, if cancellation occurs from ten (10) days up to ninety-six (96) hours before departure;
80% of the total flight revenue, if cancellation occurs from ninety-six (96) hours up to forty-eight (48) hours before departure;
100% of the total flight revenue, if cancellation occurs less than forty-eight (48) hours before departure, or in the case of a no-show.
Where the Flight has been partially performed, AltusJet shall be entitled to the portion of the Charter Price corresponding to the portion performed, in addition to the applicable cancellation fee for the remaining, unperformed portion, unless otherwise agreed in writing. Notice of cancellation must be given to AltusJet in writing.
AltusJet reserves the right to terminate the Agreement with immediate effect for cause, including non-payment, insolvency of the Charterer, material breach of the Agreement, or where the Flight is requested for the purpose of deportation without AltusJet's prior written consent to operate such a flight.
12. Passenger and Travel Document Obligations
12.1. The Charterer shall ensure that all passengers carry all necessary and valid travel documents, including identity documents, passports, visas, and any health or transit documentation required for the journey.
12.2. The Charterer shall ensure passengers and their luggage arrive at the designated meeting point at least forty-five (45) minutes before the scheduled departure of each sector of the Flight, unless otherwise instructed by AltusJet.
12.3. AltusJet is not obliged to delay departure where a passenger is absent, lacks required travel documents, is reasonably deemed medically unfit to travel, or has otherwise breached the Agreement. Where AltusJet agrees to delay departure at the Charterer's request, it shall be entitled to charge the resulting additional costs.
13. Fare Adjustment Calculation
Where these Terms provide for an adjustment of the Fare: (a) the additional flight charge shall equal the difference between the route initially agreed and the route actually performed, multiplied by the agreed price per flight hour, or the Basic Flight Charge divided by the agreed route, as applicable; (b) other charges shall be calculated using the unit prices stated in the Agreement; and (c) additional charges invoiced by third-party suppliers shall be passed on at cost plus ten percent (10%) for management and administration.
14. Liability
14.1. AltusJet shall be liable to indemnify a passenger, or any person entitled by law, for injury or death caused by an incident occurring on board the Aircraft, or during embarkation or disembarkation, subject to Articles 14.2 to 14.4.
14.2. AltusJet shall not be liable where the injury or death results from the passenger's own state of health or fault.
14.3. AltusJet's liability under this Article shall be limited to the compulsory limits prescribed by applicable law in force at the time of the incident, provided AltusJet demonstrates that it and its employees took all reasonable measures to avoid the damage, or that such measures were impossible.
14.4. In any event, AltusJet's liability shall not exceed the maximum limits prescribed by applicable legislation, including the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention, 1999) where applicable, and EU Regulation (EC) No 2027/97 as amended, to the extent applicable.
14.5. AltusJet shall under no circumstances be liable for indirect, consequential, or punitive damages, and shall not be liable for any damage where all reasonable measures to prevent it were taken, or where such measures were not possible.
14.6. Any claim for damages under this Article must be brought within a preclusion period of two (2) years from the date of arrival of the Aircraft at destination, or the date on which it should have arrived, or the date the transportation was terminated.
15. Insurance
AltusJet maintains, at its own cost, aircraft, passenger, baggage, and cargo liability insurance covering its liability in accordance with applicable regulations. Where an injured party receives indemnification from their own accident insurance, they shall not be entitled to further damages from AltusJet up to the amount already paid by such insurance.
16. Baggage
16.1. Each passenger is entitled to a reasonable baggage allowance as advised by AltusJet prior to the Flight, subject to the aircraft commander's right to set lower weight limits for safety reasons.
16.2. AltusJet shall be liable for loss, damage, or delay of baggage only where caused wilfully or by gross negligence, and then only up to the maximum limits specified under applicable law. AltusJet shall not be liable for fragile, perishable, or valuable items (including jewellery, cash, securities, precious metals, documents, or electronic equipment) carried in baggage without AltusJet's knowledge.
17. Additional Services
Where the Charterer requests additional services related to the Flight (such as ground transportation, hotel reservations, or bespoke catering), AltusJet does not guarantee the proper performance of such third-party services, but shall refund amounts collected for such services where it has negligently failed to perform the relevant arrangement, without further liability.
18. Dangerous Goods and Prohibited Items
The Charterer shall ensure that passengers do not carry dangerous goods or prohibited items, including (without limitation) explosives, munitions, fireworks, firearms and ammunition, compressed or flammable gases, flammable solids or liquids, radioactive materials, poisonous or infectious substances, corrosives, oxidising materials, and other hazardous materials. Medicines and cosmetics in quantities reasonably necessary for personal use during the Flight are permitted. This list is not exhaustive; the Charterer should contact AltusJet for clarification in case of doubt. Armed escorts or security personnel may only be carried in accordance with applicable law and AltusJet's Safety and Security Manual, available on request.
19. De-Icing, Fuel, and Operational Disclaimers
De-icing costs are not included in the Charter Price and are charged separately, as advised by the relevant airport.
The Agreement is subject to slot, permit, and parking availability, and may be affected by price changes prior to confirmation.
Empty leg flights are subject to change or cancellation if the associated main flight changes route, timing, or is cancelled.
Quotations are subject to prevailing wind and weather conditions at the relevant airports and are valid for a maximum of twenty-four (24) hours unless otherwise stated, and may change at any time prior to receipt of a signed Agreement.
20. Data Protection (GDPR)
AltusJet processes personal data in accordance with the EU General Data Protection Regulation ("GDPR") and applicable Cyprus data protection law.
20.1. Personal data provided by the Charterer or passengers (such as name, contact details, passport information, and travel details) is processed for the purpose of preparing quotations, performing the Agreement, complying with aviation security and immigration requirements, and communicating with the Charterer (legal basis: performance of a contract, and compliance with legal obligations, under Articles 6(1)(b) and 6(1)(c) GDPR).
20.2. Where AltusJet's website collects data automatically (such as IP address, browser type, and cookies), this is processed on the basis of AltusJet's legitimate interest in maintaining the security and functionality of its website (Article 6(1)(f) GDPR), or with the user's consent for optional/analytics cookies (Article 6(1)(a) GDPR).
20.3. Personal data may be disclosed to competent authorities (including civil aviation, customs, and immigration authorities), airport operators, insurers, and service providers as necessary to perform the Flight, or where required by law.
20.4. Personal data is retained for the duration of the contractual relationship and thereafter for as long as required to comply with statutory retention obligations or to establish, exercise, or defend legal claims.
20.5. Data subjects have the right to access, rectify, or erase their personal data, to restrict or object to processing, to withdraw consent, and to data portability, under the conditions set out in the GDPR. Requests may be sent to AltusJet's data protection contact point. Data subjects also have the right to lodge a complaint with the Office of the Commissioner for Personal Data Protection of the Republic of Cyprus.
21. General Provisions
21.1. Rights under the Agreement may not be assigned or transferred without AltusJet's prior written consent.
21.2. Should any provision of these Terms be held invalid, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects its intended commercial purpose.
21.3. The Charterer shall bring these Terms to the attention of its passengers and any other involved persons, and shall ensure their acceptance of these Terms, indemnifying AltusJet in this respect.
22. Governing Law and Jurisdiction
This Agreement, these Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by the laws of the Republic of Cyprus. The courts of Larnaka, Cyprus shall have exclusive jurisdiction to settle any such dispute or claim.
In addition to these Terms, applicable international conventions and regulations, including the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention, 1999), and, where applicable, EU Regulation (EC) No 2027/97 as amended, shall apply to international carriage performed under the Agreement.
AltusJet Limited
Skylink Executive Terminal, Larnaka, 6650, Cyprus
T: +30 698 565 0042 | E: info@altusjet.com