A. CHARTER TERMS & CONDITIONS
1. The Charterer is obliged to pay the freight in advance upon the signing of the present agreement.
2. In case the Charterer does not pay in full the agreed freight on time, then the Carrier is entitled to terminate the agreement immediately and to request compensation for every loss or damage it may sustain because of the said termination.
3. With regard to the agreed freight, the Carrier is obliged to issue at first a temporary receipt and subsequently a final invoice.
4. The said freight is calculated on the basis of the taxes and charges in force and of the current cost of fuel etc. In case that between the date of signing of the present agreement and the date of execution of the same there is an extraordinary increase of the above taxes, charges and the general cost, which makes the execution of the agreement by the Carrier extremely onerous to it, then the latter retains the right to adjust the freight proportionately and to timely request from the Charterer the additional amount.
5. In case the Charterer cancels the flight, the Air Carrier is entitled to withhold or, in the absence of any payment in advance, to demand:
• 20% of the charter price in the event of cancellation
• 50% of the charter price if the Charterer gives notice of cancellation less than 7 days before scheduled departure time,
• 70% of the charter price if the Charterer gives notice of cancellation between 72h and 24h before scheduled departure
• 100% of the charter price if the Charterer gives notice of cancellation less than 24hrs before scheduled departure time.
6. In case the Carrier cancels the flight due to bad weather conditions, the total freight will be refunded to the Charterer.
7. In case the flight is (a) delayed at the point of departure or at any other point en route, and the said delay is due to any act or omission of the Charterer, the Carrier agrees to postpone the flight for a reasonable time, beyond which the Carrier is entitled to terminate the agreement and therefore the flight immediately, and the Charterer is obliged to pay 100% of the agreed freight (b) not concluded for reasons not pertaining to the Carrier, then the Charterer is obliged to pay 100% of the agreed freight.
8. The Charterer is aware of the General Terms of the present charter party agreement which follow attached hereunder under B, and which it fully accepts.
9. The Charterer hereby explicitly guarantees that the Personal Data of Passengers have been collected and are processed in compliance with the provisions of the GDPR Regulation and the applicable legislation and that he had notified the Passengers of the “Notice for the protection of Personal Data of Passengers” under C herein below, as an integral part of the Charter Agreement, and has obtained consents where necessary
10. The Courts of Athens have jurisdiction over any and all dispute which may arise from the interpretation and/or the application of the present agreement.
11. The terms of the present agreement constitute the whole agreement of the parties. Any amendment or addition thereto will be proved only in writing.
12. In witness to the hereinabove, the present agreement was drafted in two counterparts, one for each contracting party.
On behalf of the Carrier On behalf of the Charterer
B. GENERAL TERMS
1. The amount of freight includes the following individual charges: operational cost and maintenance cost of the helicopter, crew remuneration, third party insurance cover for bodily harm and property damage to passengers and luggage in the framework of international treaties, landing fees, transfer to hangar, parking fees, ground and any other service fees relating to the helicopter, handling fees for passengers and luggage. Other expenses or charges beyond those mentioned hereinabove are not included. Also, TEEA (fees for the modernization of the Greek airports) wherever these maybe required are not included and burden the Charterer.
2. In case that, due to mechanical problems or to a failure of the Helicopter/Airplane, its airworthiness may not be reestablished and the Helicopter/Airplane may not depart on the agreed time and/or within a reasonable time there from, or to continue its route, the Carrier will make every possible effort to put another helicopter/airplane of the same type, by preference, at the disposal of the Charterer, in which case the latter will be obliged to pay in full the agreed freight. Otherwise it retains the right to annul the agreed flight, so that the Carrier is obliged to return the down payment made or the freight which corresponds to the flight which was not realized.
3. The Charterer may not assign his rights and obligations from the present contract to a third party without the previous consent of the Carrier.
4. The Carrier is responsible for the completeness and due filing with the authorities of all the documents relevant to the realization of the flight. The Charterer is obliged within the latest forty-eight (48) hours before the realization of the flight to deliver to the Carrier all the necessary documents with regard to passengers, luggage and cargo.
5. The Carrier is obliged to submit all the relevant applications before the competent airline authorities so that the necessary permits be issued with regard to the realization of the flight.
6. The Carrier is responsible for the drafting, issue and submission to the airline authorities of the required passengers’ declarations.
7. No change to the flight plan or schedule, as this has been agreed upon by virtue of the present agreement, may be effected without the consent of the Carrier. If the Carrier consents to the said amendment then the Charterer will be obliged to pay to the Carrier any additional cost, which may burden the Carrier because of the said amendment, e.g. fuel.
8. The Carrier bears no responsibility for any loss or damage of the Charterer due to a cancellation of the flight or to its delay which is due to a force major event.
9. The Charterer agrees that the pilot of the helicopter will have full power with regard to the resolutions which are necessary for the safety of the helicopter, the passengers, the crew and cargo. More specifically, the pilot will have absolute discretion and decision-making power with regard to the passengers, the loading and distribution of cargo, the storage, the disembarkation of passengers and unloading of cargo. He will also have final decision-making power with regard to the weather and as to how the flight should be realized, if the agreed route may be followed and where the final or intermediate landing will be effected.
10. The Charterer recognizes that the Carrier operates in accordance with the Air Operator’s Certificate and the License to Operate which has been awarded to the latter by the Civil Aviation Authority, and that the transportation of passengers and luggage is effected in the framework thereof and of the relevant applicable regulations of the Civil Aviation Authority and the Joint Aviation Authority.
11. Also, the liability of the Carrier with regard to an event of death, bodily harm or delay to passengers, of damage or loss or delay with regard to their luggage, is subject to and is limited by the applicable Greek legislation and international treaties.
12. The Charterer is obliged to apply the law provisions and the provisions of the relevant regulations of the competent authorities regulating air transport, to abide with the safety rules and to secure the issue of necessary permits for the transportation of passengers and cargo, where such issue is required.
13. Any and all obligations of the parties which are agreed upon in the present agreement, are subject to the Greek and community legislation in force at all times, to the Civil Aviation code and to the relevant regulations which are applicable in the present charter party agreement and transportation.
14. In case of culpable breach of the terms of the present agreement by any of the contracting parties the other party is entitled to terminate the agreement immediately without excluding claims for damages.
C. Notice for the Processing of Personal Data according to the General Data Protection Regulation for the EU 679/2016 Declaration of Protection of Personal Data of Passengers
«FLY IN GREECE IKE» (hereinafter «Fly in Greece»), being strongly committed to protecting your privacy, will make efforts to protect your Personal Data in accordance with the following Privacy Notice (“Notice”).
Personal Data collected by Fly in Greece and Source
In accordance with applicable laws, Fly in Greece collects and processes Personal Data about you, including the use of automated means. The types of Personal Data that Fly in Greece collects and processes about you depends on your relationship with Fly in Greece, as well as applicable laws, but may include the following categories of information:
• Identity data, which include your first and last name, the name of father/mother, marital status, title, date of birth, gender, user name.
• Communication data, home address, business address, delivery address, billing address, e-mail address, telephone number
• Financial data, bank account number, credit/debit card number
• Technical data including IP protocol address, entry data, browser data.
• Data of use, regarding the way you use our services
• Special category personal data, such as data regarding your health (medical record, drug use, Social Security Number AMKA etc.) and any other data which may be deemed necessary on a case by case basis, if the flight refers to patient transport.
This information may come directly from you when using our services (either these services are provided directly by us, or by other companies acting on our behalf or their provision is agreed upon through third parties acting on our behalf) when you travel with us, or through sources in the public sector or of third parties. You must inform us on any change in your personal data.
Legal Basis for Processing
Fly in Greece processes Personal Data based on the following:
• The processing of your Personal Data may be necessary in order to comply with the applicable law, regulations, decisions and orders of public and administrative authorities and organizations, or for the performance of your Agreement, in the framework of the protection of Fly in Greece lawful interests and the assurance of your service. You may not be able to opt-out of this processing, or your choice to opt-out may impact our ability to comply with the Agreement and to fulfill our obligations.
• In certain cases Fly in Greece may ask for your consent in order to process your Personal Data. You have the right to withdraw your consent at any instance, as described in the “How to Reach Us” section. Please note that the withdrawal of consent and the exercise of the right to object to the processing of personal data, will not affect processing which has already occurred and may result to Fly in Greece not being able to fulfill its obligations under the Agreement.
How Fly in Greece uses Personal Data
Fly in Greece and/or its affiliates may process Personal Data about you for administration, management reasons, statistical analysis, payment, internal evaluation and/or in order to comply with the Agreement with you and perform its obligations.
With Whom Fly in Greece shares your Personal Data
Personal Data about you may be shared by Fly in Greece with its affiliates for the purposes stated above. Fly in Greece and/or its affiliates may engage service providers, agents, contractors or other third parties (“Third Parties”) to perform services for or on its behalf, including, but not limited to, the Processing of Personal Data about you for the purposes stated above, and, as a result, Fly in Greece and/or its affiliates may share Personal Data about you with such Third Parties.
Fly in Greece preserves the right to share your Personal Data with service providers, which provide to Fly in Greece support services and to third parties, such as aviation companies, airport handling services companies, customs authorities, immigration authorities, travel agencies and to companies providing assistance in airports and in the take- off and landing fields. FLY IN GREECE has executed appropriate contracts with such Third Parties that define the legitimate use or sharing of Personal Data in accordance with this Notice. Furthermore, as provided by law FLY IN GREECE may notify your data to public authorities, to judicial and independent authorities, further to legitimate request on their part, as long as this is necessary for the protection of legal rights or the performance of FLY IN GREECE obligations.
In special cases of patient transfers the special category personal data are shared with those parties as necessary for the performance of the transport, including the accompanying doctor, the pilots, the employees of the competent departments of FLY IN GREECE and its affiliates, the competent people in the fields of take- off and landing and generally to any party who must be informed of the situation of the patient, in order to ensure its safe and due transfer. In such cases, FLY IN GREECE takes care and stresses the confidentiality of such data to the recipients thereof. Such data is not processed further and beyond the specific reason for which it is initially collected.
Some of the companies of the group where FLY IN GREECE belongs and/or some of the service providers and generally the aforementioned Third Parties, may be located in countries outside of the European Economic Area (“EEA”), whose laws may not afford your Personal Data the same level of protection. FLY IN GREECE will ensure that all adequate safeguards are in place and that all applicable laws and regulations are complied with in connection with such transfers.
How FLY IN GREECE protects your Personal Data
FLY IN GREECE will take reasonable and appropriate physical, administrative and technical safeguards to protect your Personal Data about you from loss, misuse, unauthorized access, disclosure, alteration or destruction.
Individuals in the EU have certain data subject rights which may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of their Personal Data; (ii) obtain restriction of processing or to object to processing of their Personal Data; and (iii) the right to data portability. If you wish to exercise one of the above mentioned rights, please use the contact information below. Individuals in the EU also have the right to lodge a complaint about the processing of their Personal Data with their local data protection authority.
How long FLY IN GREECE retains the Personal Data
Personal Data will only be stored for as long as necessary for the purposes for which it was collected subject to local laws and regulations and legitimate business needs.
How to Reach Us
You can contact us in order to exercise your rights, make inquiries or submit complaints concerning the processing of your Personal Data by FLY IN GREECE . FLY IN GREECE will take appropriate steps to address requests, inquiries and complaints. FLY IN GREECE will respond to such requests within thirty (30) business days.
Communication details: postal address: Terpsitheas 64, 15341 Athens Greece, E-mail address: email@example.com
The Hellenic Data Protection Authority is responsible for assuring that the legislation on the protection of personal data is respected in Greece. For more information regarding your rights, or if you cannot solve a problem directly with us and you wish to file a complaint, contact the Hellenic Data Protection Authority, offices: 1-3- Kifissias, Postal code 115 23, Athens, call centre +30-210 6475600, Fax: +30-210 6475628, e-mail: firstname.lastname@example.org.
DECLARATION OF CONSENT TO THE PROCESSING OF PERSONAL DATA AND
SPECIAL CATEGORIES OF PERSONAL DATA
I declare that I have been expressly informed of the processing of personal data and special categories of personal data that FLY IN GREECE carries out. I have been informed of my rights and I recognize that the processing of my data is absolutely necessary for the performance of the contract that I wish and I give my explicit consent to FLY IN GREECE for the processing of my data. I recognize that not providing my consent or the withdrawal thereof in the future and depending on the time of the exercise thereof, will have as a consequence either that the contract is not completed or the inability of FLY IN GREECE to fulfill certain obligations arising out of the contract.