1. when purchasing a seat on a SkySocietyJet flight operated by a contracted aircraft operator (the "carrier/operator"), the operator's terms and conditions may also apply.
SkySocietyJet does not own or operate its own aircraft.
2. the Carrier is an intended third party beneficiary of the Participation Agreement and you agree to fulfil and comply with the terms of the Participation Agreement.
3. the passenger is responsible for obtaining and presenting the travel documents, visas and medical certificates, vaccination certificates and the like required by the passport, visa and health regulations of the countries concerned or of the tour operator for themselves and for any children or animals travelling with them, and shall present these at check-in and upon entry. The tour operator shall draw the attention of the customer and the travellers in particular to the visa requirement for foreign nationals. The traveller must not travel and the customer must not allow the traveller or the animals accompanying them to travel if this poses a risk to their health and/or safety or to the health and/or safety of third parties (including the operator's employees, customers and service providers).
4. as the Contracting Carrier, the Operator may, without liability for loss, injury, damage or delay, refuse carriage (i) if the entry or exit requirements for the country of departure or destination are not met, (ii) if the required documentation/certification is not presented, or (iii) if, in the sole discretion of the Operator, the carriage is for an illegal purpose or would result in a violation of applicable laws or sanctions (including a Passenger who is on a no-fly list or similar list).
5. the operator assumes no responsibility for a passenger's compliance with a country's entry and exit regulations (including visas and health status). The responsibility for compliance with these regulations lies solely with the passenger(s).
6. the customer indemnifies the operator for all direct and indirect costs incurred by the operator as a result of the customer and/or passengers not complying or not being able to comply with the regulations, including but not limited to fines and costs for the repatriation of passengers.
7. the operator is authorised to change the flight route, flight plan, seating capacity and maximum take-off weight if this is necessary due to certain operational circumstances not caused by the operator or the actual carrier.
8. decision of the captain.
(a) The pilot in command is authorised at all times to take all measures necessary for reasons of health and safety. The pilot in command is authorised to decide on the seating of passengers and on the loading, allocation/placement and unloading of baggage. The pilot in command decides whether and how the flight is to be operated and which passengers and accompanying animals may not be carried, e.g. due to their behaviour, if the passenger and/or customer does not present the required documents and/or does not undergo the appropriate pre-flight health checks (e.g. measurement of body temperature by the crew), or due to their health, physical or mental condition.
(b) The Customer and the Passenger accept all such decisions of the Pilot in Command. The Customer and the Passenger agree that where (in the reasonable judgement of the Operator or the Pilot in Command) health, safety or security may be endangered, the Operator or the Pilot in Command may decide to refuse to take off or commence a flight, divert a flight or take any other action (including refusing to carry a Passenger, animal or Baggage) that is necessary for health reasons (e.g. where a Passenger appears to have symptoms of a communicable disease or condition or refuses to embark). For example, if a passenger appears to have symptoms of a communicable disease or condition or refuses to undergo an examination for such a disease or condition) or for reasons of safety, without liability for loss, injury, damage or delay.
9. transport of expectant mothers.
For safety reasons and to avoid health risks for expectant mothers, the following regulations apply:
(a) The operator will carry expectant mothers up to 4 weeks before the expected date of delivery without a certificate of fitness to travel.
(b) The air carrier is entitled to request the presentation of the woman's pregnancy record as proof that the pregnancy did not last beyond the 35th week.
(c) Expectant mothers are no longer transported from 4 weeks before the expected date of delivery.
The above regulations also apply to the time of a planned return flight.
10. transport of infants, children and adolescents.
Due to the risk of possible damage to health, the operator recommends that newborn babies up to the age of 7 days are not transported. Infants should travel on the lap of their parents, guardians or accompanying persons during take-off and landing.
11. transport of animals.
For safety reasons and due to the limited space available, the passenger may only request the carriage of animals (including pets) if the organiser has been informed of this at the time of booking and has confirmed the carriage of the animal. The customer is responsible for ensuring that the animal meets the requirements of the country of destination and that the animal is medically fit to travel.
You must carry a muzzle suitable for your dog(s) and have access to it at all times. The muzzle must be presented at check-in and must be worn by your dog(s) if requested by a representative of the airline or SkySocietyJet or the flight crew, whether before boarding or during the flight. Dogs must be kept on a lead at all times, including inside the airport terminal and on board the aircraft. Cats must always travel and remain in their means of transport. You must follow these instructions to protect your dog and other people. Failure to do so will result in you being refused travel. You are responsible for injury, death, property damage and other losses caused by you or an animal you are transporting on a flight and must indemnify and hold harmless the Carrier, its personnel and agents and/or other passengers.
12. carriage of baggage.
(a) Excess baggage and general baggage.
The weight of passenger baggage is limited for reasons of flight safety and varies depending on the aircraft type. Items deemed too heavy or too large by the crew will not be allowed on board the aircraft. Flights are calculated using the standard weight tables of the EASA aviation regulations for each passenger and aircraft type. If the passenger's baggage exceeds these limits, the passenger must inform the operator before the flight. Unless expressly stated otherwise, the passenger is obliged to notify the carrier of all excess baggage and general baggage, stating the dimensions and weight of items such as sports equipment, pushchairs/buggies and child seats.
The pilot in command decides on the carriage of excess baggage and general baggage at his own discretion on the basis of the available hold capacity and the safety regulations for each flight. Accordingly, the operator reserves the right to accept only a limited amount or to refuse the carriage of excess baggage or general baggage altogether.
(b) Generally prohibited baggage.
For security reasons, the following materials and items may not be placed in checked or unchecked baggage and will not be transported:
(1) Briefcases or security-related briefcases with built-in alarm devices or lithium batteries and/or pyrotechnic material;
(2) Explosive devices, including detonators, fuses, grenades, mines and explosives;
(3) Explosives, fireworks or signal rockets;
(4) Gases: flammable, non-flammable, refrigerated and toxic, such as camping gas or aerosols, propane and butane;
(5) Flammable liquids such as bleach, peroxides, petrol and methanol;
(6) Flammable solids and reactive substances, including magnesium, firelighters, fireworks, flares;
(7) Cigarette lighter;
(8) Oxidising agents and organic peroxides (including bleaching agents), body repair kits;
(9) Toxic or infectious substances, including bacteria, viruses, toxins, infected blood and pathogens;
(10) Radioactive material, including medical or commercial isotopes;
(11) Corrosive substances (such as mercury) that may be contained in thermometers, acids, alkalis and wet batteries filled with battery fluid, corrosive substances and vehicle batteries;
(12) Fuel-containing components of vehicle fuel systems;
(13) Magnetic materials and all dangerous goods listed in the IATA Dangerous Goods Regulations;
(14) Battery-operated lithium-ion devices that have more than 160 watt hours;
(15) Personal electronic devices (PED) with lithium batteries that are damaged or known to be defective (please contact http://wemakeitsafer.com to check the battery safety of your PED); and
(16) Any object or substance the possession and/or carriage of which in air transport is prohibited by applicable law.
The provisions under (1) to (15) do not apply to medicines and medical devices, toiletries, smoking utensils (except petrol lighters) or alcoholic beverages, provided these items are only carried in small quantities for personal use. For the avoidance of doubt, (16) applies to these items.
13. the Carrier has a "zero tolerance" policy with regard to illegal drugs and/or smuggling. The Carrier reserves the right to inspect bags or baggage brought onto the aircraft by you or any person travelling with you and may refuse carriage of certain items deemed unsafe and/or illegal. In the event of illegal activity, you will be denied access to the aircraft, removed from the aircraft or banned from the flight. For international flights, the carrier will return to an airport to remove you from the aircraft or ground you. In addition, the carrier will inform the customs authorities of any illegal activity.
The carriage of firearms or ammunition on board the aircraft is only permitted in strict compliance with this section. At least five working days before departure, you must inform the carrier that you wish to take firearms or ammunition on board the aircraft and provide them with a description of each firearm or type of ammunition (as applicable). The flight crew will secure the firearm and ammunition with a cable lock or a locked container, depending on the aircraft, prior to departure. The flight crew must follow all applicable regulations for transporting firearms and ammunition on board an aircraft, including securing the unloaded firearm and physically separating it from the ammunition. You may only carry one box of ammunition. The pilot in command has the final authority to decide whether these or other items may be brought on board the aircraft.
14. the Carrier and its flight crew may refuse to serve alcohol to passengers who appear intoxicated or have otherwise consumed excessive amounts of alcohol (as determined by the Carrier or its flight crew).
15. the Carrier does not guarantee that WiFi will be available and/or operational on all aircraft. If WiFi is not available on any part of the flight, you will not receive any discount or other changes to the price charged to you for your flight(s).
16. SkySocietyJets and its personnel are not agents or employees of the Carrier, but are independent contractors over whom the Carrier has no control. Accordingly, you hereby agree that, except as otherwise provided herein, the Carrier shall not be responsible or liable for any loss, injury, expense, property damage or personal illness, injury or death to you or any animal you transport on a flight resulting directly or indirectly from (a) any act or omission of SkySocietyJets or (b) any other cause or act of any nature whatsoever beyond the direct and immediate control of the Carrier, except as provided by applicable law or international treaty.
17. this Contract shall be governed by and construed in accordance with the laws of the United Arab Emirates. The Carrier reserves the right to amend this Agreement without prior notice to you provided that such amendment is in accordance with applicable government regulations or waiver thereof.
THE RIGHTS AND REMEDIES AVAILABLE UNDER THIS AGREEMENT ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES AVAILABLE UNDER APPLICABLE LAW. YOU AGREE THAT IN NO EVENT SHALL THE CARRIER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF USE OR ANTICIPATED PROFITS.
PRIVACY AND DATA PROTECTION
1. a) In the context of the relationship with the Customer, the Operator (including its officers, employees, contractors, subcontractors, agents and actual carriers) acts as a data controller when collecting and processing personal data relating to the Customer and/or passengers. The protection of the Customer's and Passengers' personal data is very important to the Operator. The Operator hereby undertakes to store and process the Customer's and Passengers' personal data in accordance with applicable data protection laws and regulations and the Operator's Privacy Policy, which are incorporated herein by reference. The Customer hereby accepts that the Customer's and Passengers' personal data will be stored and processed by the Operator in accordance with applicable data protection laws and regulations and the Operator's Privacy Policy referred to above.
2. b) Notwithstanding the above statements in the Operator's Privacy Policy, the Operator and/or the Operating Carrier are expressly authorised to transmit personal data from official photo IDs and other personal data processed or used in connection with the carriage to authorities and border control agencies, provided that the request for information by the authority or agency is based on mandatory statutory provisions and is necessary for the performance of the contract of carriage. In addition, the Carrier is expressly authorised by the customer to process, collect, store, modify, block, delete, disclose and use personal data of the customer and passengers within the scope of the fulfilment of the contract and in compliance with the applicable data protection regulations for the purpose of providing the flight services and the fulfilment of the contractual obligations by the Carrier, and the Operating Carrier is further expressly authorised to transfer the said personal data to its own offices, authorised agents and to the parties providing services on its behalf, including the flight personnel (pilots and cabin crew) engaged to provide flight services to the Customer.
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