Between the company AIRLEC AIR SPACE, hereafter “AIRLEC AIR ESPACE”, Rue Caroline Aigle, General Aviation Area, 33700 Merignac, registered in the Trade and Companies of Bordeaux, SIRET 39995857800011, represented by M. TIBA as Director General, duly authorized for the purposes hereof – the company can be contacted by email at firstname.lastname@example.org – and the natural or legal person making the purchase of products or services of the company, hereafter the “Client”, it has been set out and agreed as follows :
• These Terms and Conditions determine the rights and obligations of the parties in the sale of products and services by AIRLEC AIR ESPACE.
I. Conclusion of Contract
• Notices and other communications between the parties will be in written and oral form, by email in the operational framework or registered letter with acknowledgment of receipt within a contractual framework.
• After the written confirmation, the flight remains subject to traffic rights and all necessary governmental approvals (landing & overflying permits).
• Full payment of the mission must be paid before take-off of the aircraft. If a payment invoice has been agreed, it has to be completed within 30 days of receipt of the original invoice.
II. Medical authorities
• Before repatriation, the AIRLEC MEDICAL doctors check the patients’ medical reports to ensure that they are fit to be transported. Complications during flight, although rare, cannot be absolutely excluded because of the extra stress for the patient due to unfavourable weather conditions, variable air pressure, etc.
• If the medical team considers that the patient transport is too risky because his medical condition differs from the one described in the medial report, AIRLEC AIR ESPACE reserves the right to cancel the transportation in order to not endanger the patient’s life. In this case, the full price of the mission will still be charged to the Client. This decision will be notified to the Client and AIRLEC AIR ESPACE proceeds in accordance therewith.
III. Crew’s Authority
• A soft hand-luggage not exceeding 10 kg. may accompany the patient. The baggage will remain at the airport if these criteria are not met, except with the Captain’s authorisation. AIRLEC AIR ESPACE will not be responsible for remaining baggage.
• Crew of AIRLEC AIR ESPACE has the right to check the contents of luggage for safety reasons; this possibility is governed by international laws. The crew do not need special authorisation to carry out this check.
• In the event that the Client wishes an accompanying person to be on board for the flight, the Client must receive prior permission from the flight crew and the flight doctor.
IV. Permits and identity documents
• All passengers are required to transmit their identity documents and other approvals, if any, to AIRLEC AIR ESPACE before take-off.
• AIRLEC AIR ESPACE will not authorise the transport if these documents are not transmitted on time, or if they are not valid or complete.
V. Price and Payment
• The specified prices do not include ground ambulance transport, unless it is specifically mentioned. The Client has to make a specific request for this ground ambulance.
• The cost of the ground ambulance will be charged at cost plus commission charged at a rate of 15%.
• An unplanned sea-level-cabin-pressure flight increases the overall prices on the sector the patient is transported at this pressure.
• The costs of deicing occurring away from the base during a mission will be charged separately to the Client.
• If the patient’s health condition deteriorates in flight and an intermediate landing is urgently necessary, all additional costs will be charged to the Client, including the cost of hospitalization.
• Each unforeseen night abroad for the crew and medical team will be charged at cost, with a minimum of €600.
VI. Delays and Cancellations
• The client agrees to give AIRLEC AIR ESPACE a written medical report of all patients to be transported at least one hour before the mission start (take-off of the aircraft). After this period, AIRLEC AIR ESPACE reserves the right to delay the start of the mission and each hour of delay or part thereof will be charged €400. If this delay obliges AIRLEC AIR ESPACE to cancel the mission due to current regulations concerning landing & overflying permits and / or working time, a cancellation fee equal to 20% of the mission in addition to any other costs incurred will be charged.
• Any unexpected period spent on the ground lasting more than 2 hours that AIRLEC AIR ESPACE is not responsible for, will be charged €400 per hour or part thereof.
• In the case of flight plan changes due to force majeure occurring beyond the control of AIRLEC AIR ESPACE (for example unforeseen weather conditions, airport closure), any additional costs incurred will be charged to the Client.
• In case of cancellation by the Client after confirmation and before 8 hours prior to take-off, 10% of the quoted price will be charged to the Client in addition to costs already incurred. In the case of a cancellation within 8 hours of the scheduled take-off, 20% of the quoted price will be charged to the Client in addition to costs already incurred. If the plane has already take-off, the flight time already flown and costs already incurred (but at least 40% of the quoted price) will be charged.
• The responsibility of AIRLEC AIR ESPACE is limited to gross and deliberate negligence. AIRLEC AIR ESPACE takes no responsibility for incidents of force majeure such as strike, war, or sabotage.
• If some part of the terms and conditions is invalid, the remaining paragraphs are not affected by such invalidity. Any litigation connected to the present agreement must be submitted to the French courts. French laws is applicable.
• The carriage of passengers, baggage or cargo is performed under the rules of the Warsaw Convention. These terms and conditions are applied in accordance with the legislation of the EU No. 889/2002 relating to passenger air transport and with the laws of the French Republic and the Civil Aviation Code.