General Terms of Carriage for Air Charter and Ambulance flights
- All prices, amounts and payments mentioned in these Conditions of Carriage are in Euros, provided that other currencies have not been agreed and are indicated accordingly. The offer remains valid for seven days from the date of quotation.
- In order to minimize the transport risk, KapaJet S.A. shall contact the attending physician prior to each transport to be briefed on the patient’s medical condition and any problems that may arise. Despite this, preliminary briefing complications and risks during transportation cannot be entirely ruled out.
- The flight physician has the right to refuse to transport a patient if the overall medical and/or social situation on location is markedly different to that portrayed in the medical report. In particular, the flight physician will refuse transport if such a transport would endanger the patient’s life. Irrespective of this, the flight captain of the ambulance jet can also exclude patients or passengers from a transport flight if there are justified reasons for doing so. The Client shall accept these decisions by the flight physician and captain without reservation. In such cases, the total costs of the mission shall be paid by the Client. KapaJet S.A. shall inform the Client accordingly and then proceed after consultation with the Client.
- When planning a mission, it is not always possible to foresee all eventualities. The Client undertakes to pay in full all unforeseeable additional costs that occur, in particular, but not exclusively, as a result of low-level flights, unscheduled stopovers, overnights stays or temporary, necessary additional stays in Hospital.
- KapaJet S.A. is not able to fundamentally guarantee that a transport flight will take place. The decision as to whether or not a flight takes place must take into consideration not only medical, but also technical, meteorological, aeronautical and legal aspects, which may make a flight at a particular time and/or place impossible.
- The transport of patients, passengers or luggage shall be performed in accordance with the Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999, or other applicable mandatory regulations such as Regulation (EC) No 889/2002. In the event that none of these Agreements are applicable, then Greek Law will apply.
- Unless otherwise provided for in the Agreements mentioned in Para. (6), the liability of KapaJet S.A. shall be limited to gross negligence or intent. Unless regulated otherwise elsewhere in this GTCAF, KapaJet S.A. Ambulance shall solely be liable for proven damages in accordance with the above-mentioned Agreements. KapaJet S.A. shall compensate patients and passengers according to the provisions of Regulations (EC) No2027/1997 and 889/2002 on air carrier liability in respect of the carriage of passengers and their baggage by air. Solely damages that have actually been sustained shall be compensated, provided that these are not covered by insurance policies or similar institutions which can themselves make a claim of recovery against KapaJet S.A. Furthermore, KapaJet S.A. shall pay compensation for personal suffering in accordance with Greek Law.
- KapaJet S.A. cannot be held liable for non-performance, delayed performance or other performance shortfalls in connection with situations that are not under its direct control. This includes, in particular, but not exclusively, force majeure, for example in the form of acts of nature instable flying weather conditions, strikes or other industrial disputes, war or war-like events, uprisings or unrest, as well as changed legal framework conditions or scarcity of commodities required to perform the contract as a result of the above-mentioned occurrences. It is irrelevant whether these circumstances arose or became known prior to or during the mission. The Client declares that, in the event that the above-mentioned circumstances occur, they will release KapaJet S.A. from all liability and consequential liability, including that relating to already existing assignments. This release from liability shall also extend to KapaJet S.A. employees.
- The staff or vicarious agents of KapaJet S.A. may not be held directly liable for any claims whatsoever. The Client undertakes to assert any damages solely against the company, KapaJet S.A. This release from liability shall also apply after termination of the contract for an unlimited length of time.
- KapaJet S.A. may not be held liable for damages that are attributable to compliance with legal or official regulations or that arise due to patients, passengers or the Client not complying with such regulations.
- KapaJet S.A. may not be held liable for direct or indirect consequential damages, irrelevant of their nature, including, but not exclusively, loss of profit or loss of use.
- The Client shall be responsible for ensuring that the necessary personal travel documents belonging to the patient (e.g. Passport, visas, customs declaration forms, etc.) are available before departure and that the relevant local regulations and laws in both the country of departure and the country of destination are fully complied with. Any costs arising as a result of KapaJet S.A. having to obtain documents on behalf of patients or passengers, as well as of delays, flight cancellations or return flights caused by lacking or invalid documents shall be paid in full by the Client.
- In the event that the flight cannot be legally carried out due to lacking or invalid travel documents, KapaJet S.A. shall cancel the flight and charge the customer a cancellation fee of 50% of the flight cost plus any additional costs that have arisen, unless positioning has taken place in which case the cancellation fee is set at 100%.
- After the assignment has been officially confirmed by the Client in writing, the execution of the flight is subject to traffic rights and all the necessary official permits and authorizations.
- KapaJet S.A. shall perform its air rescue missions and repatriation operations in such a way that the care of the patient is not compromised in any way. In order to achieve this, most of the space in the aircraft is taken up by high-tech medical apparatus and equipment to restore, maintain and monitor the patient’s vital bodily functions. Consequently, the carriage of additional baggage is limited. The baggage permitted per patient/passenger is limited to:
- One item of personal baggage (max. perimeter of 203cm/79 inches and max. weight of 20kg/44lbs)
- One item of hand baggage (max. perimeter of 115cm/46 inches or max. dimensions of 55x40x20cm/22x16x8 inches and a max. weight of 6kg/13lbs).
Any other items of baggage must be left behind. KapaJet S.A. shall not be liable for any luggage left behind on location. The Client shall authorize the aircraft crew to check the contents of the baggage for safety reasons, in accordance with current aviation law. The current baggage policy forms an integral part of this Contract.
- In the event of cancellation on the part of the Client, the following cancellation fees shall be paid by the Client:
From point of contract signature – 30 days prior to departure 20%
- No contracting party shall be permitted to use any word marks or figurative marks of another contracting party without their prior written consent. In addition, they shall be obliged to comply with all privacy rights (in particular relating to photographs and published mission reports).
- The contracting parties shall mutually undertake to treat all data of the other contracting parties and their employees confidentially and not to disclose it to any third parties unless this is necessary to fulfil the contract. This confidentiality clause also applies after termination of the contract for an unlimited length of time. These regulations also apply to any third parties, for example subcontractors, and the contractual party that has disclosed data to such a third party in a legally permissible manner and scope shall be responsible for ensuring that the extended data protection is also complied with by said third party.
- In the event that individual provisions of this Contract are or become invalid, either wholly or in part, then the validity of the rest of the Contract shall remain unaffected. The invalid provision shall be replaced by one that comes as close as possible to the intended economic purpose of the invalid provision.
- The contracting parties agree that this Contract shall be governed for the flight operation and for the medical practice exclusively by Greek law.